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04-06-2009 MinutesCommission Action # 1 1 i 09-7763 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 6, 2009 4:00 p.m. The City Commission convened at 2:30 p.m. in a GASB -45 Study Session. 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 month of April 2009 as "Fair Housing Month" in the city of Salina. Jesus Nieto, Salina South High School Junior, read the proclamation and announced upcoming events (4.2) The month of April 2009 as "Sexual Assault Awareness Month" and the day of April 30, 2009 as "Denim Day" in the city of Salina. Claudette Almaraz, Sexual Assault Victim Advocate with DVACK, read the proclamations and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of March 23, 2009. (6.2) Resolution No. 09-6613 appointing Ana Marsella to the Human Relations Commission and Claudette Almaraz to the Community Corrections Board. (6.3) Authorize the purchase of 40 personal computers with operating systems from Computer Connection in the amount of $24,160. (6.4) Resolution No. 09-6614 authorizing the City Manager to execute an agreement with Sunflower Insurance Group, Inc. to provide insurance broker services. (6.5) Award of contract for the 2008 Subdivision Improvements — Replat of Bergkamp Subdivision (Project No. 08-2715) to APAC-Kansas, Inc. in the amount of $144,445. (6.6) Resolution No. 09-6616 authorizing the installation of yield signs on Post Oak Lane at Bret Avenue. Dan Stack, City Engineer, responded to Commissioner Jilka's questions regarding if a traffic count was conducted and warrants for a stop and yield signs. Moved by Commissioner Peck, seconded by Commissioner Larson, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS Page 1 Commission Action # 1 09-7765 09-7766 ADMINISTRATION (8.1) Second reading Ordinance No. 09-10494 amending Chapter 35, Section 35-137 of the Salina Code pertaining to construction, reconstruction and repair of sidewalks. Mayor Vanier reported that Ordinance No. 09-10494 was passed on first reading on March 23, 2009 and since that time no comments have been received. Merlin Stephens, 340 Maple Avenue, commented on the past condition of sidewalks in the 300 and 400 block of Maple and sidewalk accessibility. Mayor Vanier commented on the ordinance and sidewalk standards that will be addressed in the next item. Jason Gage, City Manager, commented on the Comprehensive Plan and addressing complete streets concepts. Dan Stack, City Engineer, and Jared Johnson, Assistant City Attorney, responded to Commissioner Peck's question regarding time allowance due to weather. A discussion followed between Commissioner Peck, Mr. Stack, Mr. Gage, Mr. Johnson, and Deputy City Manager Michael Schrage regarding enforcement on low income properties and financial aid, ADA ramps, concrete permits, and the sidewalk standards. A discussion followed between Commissioner Perney, Mr. Stack, and Mr. Gage regarding how the ordinance and standards would affect brick sidewalks. Additional discussions followed between Commissioner Peck, Mr. Gage, Mr. Stack regarding the policy for repairing city sidewalks and property owners' responsibilities A discussion followed between Commissioner Larson and Mr. Stack regarding the City's ADA ramps project. Moved by Commissioner Peck, seconded by Commissioner Perney, to adopt Ordinance No. 09-10494 on second reading.'A roll call was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier. Nay: (0). Motion carried. (8.2) Resolution No. 09-6612 adopting sidewalk condemnation reconstruction and repair standards,referenced in Section 35-137 of the Salina Code. Dan Stack, City Engineer, outlined the proposed policy. Merlin Stephens, 340 Maple Avenue, commented on the sidewalk on his property and sidewalk accessibility. Moved by Commissioner Peck, seconded by Commissioner Larson, to adopt Resolution No. 09-6612. Aye: (5). Nay: (0). Motion carried. (8.3) First reading Ordinance No. 09-10495 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. Rod Franz, Director of Finance and Administration, summarized the abatement process and the change of the certification for abatements on a quarterly basis instead of annually. Moved by Commissioner Perney, seconded by Commissioner Jilka, to pass Ordinance No. 09-10495 on first reading. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution No. 09-6615 authorizing an agreement with the Salina Arts and Humanities Foundation regarding responsibilities relating to Arts and Humanities Programming. Connie Bonfy, Director of Arts and Humanities, explained the financing and operations of the City of Salina and Arts and Humanities, open records, risk management, and purchasing authority. Ms. Bonfy continued to explain the changes to the bylaws and the proposed agreement. Page 2 Commission Action # 1 F-1 Z w co 6 N C O U 09-7 09-7768 09-7769 09-7770 Ms. Bonfy then responded to Mayor Vanier's question regarding how the members of the Foundation would be selected and the length of the terms. Ms. Bonfy stated that the current Arts and Humanities Commission would select the members for the Foundation and the terms would be staggering three year terms. A discussion followed between Commissioner Perney and Ms. Bonfy regarding whether the Foundation would have any paid employees, private fund raising, Foundation's role in the City's public arts program, and the disposition of the existing art collection that is purchased at the River Festivals. Moved by Commissioner Larson, seconded by Commissioner Jilka, to adopt Resolution No. 09- 6615. Aye: (5). Nay: (0). Motion carried. (8.5) Charter Ordinance No. 35 amending Section 2 of Charter Ordinance No. 22 concerning K.S.A. 12-1697, the promotion of tourism and conventions, authorizing the levying of a transient guest tax by cities and repealing ,existing Section 2. Jason Gage, City Manager, explained the State Statute, past Charter Ordinances regarding the tax, proposed use tax revenues, and implementation timeline. A discussion followed between Commissioner Jilka and Mr. Gage regarding the adoption timeline, annual revenue estimates, portion of the revenues that will go the City, disbursements of the current transient guest tax and the Bicentennial Center's subsidy. Commissioner Jilka commented that the Commission felt that it was apparent to upgrade the Bicentennial Center. He continued to comment that he had some reservations and has never agreed on the current percentage breakdown, and that the Chamber and the City should be equal partners. He felt that the Cultural Marking Grants should not be funded with the increase revenues because of funding from the Horizons Grant and the Salina Journal editorial comments were misleading. Commissioner Jilka suggested increasing the tax to 6.75% and splitting the revenues with the Chamber of Commerce equally. , Moved by Commissioner Jilka, seconded by Commissioner Larson, to pass Charter Ordinance No. 35 on first reading. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS 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 at 5:22 p.m. Aye: (5). Nay: (0). Motion carried. p.m. The City Commission recessed into executive session at 5:07 p.m. and reconvened at 6:27 ADJOURNMENT Moved by Commissioner Jilka, seconded Meeting of the Board of Commissioners be adjourned meeting adjourned at 6:27 p.m. [SEAL] ATTEST: Lieu Ann Elsey, CMC, Ci Clerk by Commissioner Larson, that the Regular . Aye: (5). Nay: (0). Motion carried. The John . Vanier II, Mayor Page 3