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04-13-2009 MinutesCommission Action # 1 1 1 09-7771 09-7772 09-7773 09-7774 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 13, 2009 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Financial Trends Monitoring System Report. 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 April 19, 2009 as "The Salina Fire Department's 100`h Anniversary" in the city of Salina. Captain Bob Budke read the proclamation and Debra Weaver, Public Educator, announced upcoming events. (4.2) The day of April 24, '2009 as "Arbor Day" in the city of Salina. John Wachholz, Tree Advisory Board Member, read the proclamation and announced upcoming events. (4.3) The day of April 18, '2009 as "Salina Healthy Kids Day" in the city of Salina. Amber Lippincott, Youth and Teen Director with the Salina Family YMCA, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) 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 at 4:25 p.m. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Perney, seconded by Commissioner Jilka, to extend the current executive session for an additional 10 minutes and reconvene at 4:36 p.m. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Perney, seconded by Commissioner Jilka, to extend the current executive session for an additional 10 minutes and reconvene at 4:50 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission reconvened at 4:54. p.m. CONSENT AGENDA (6.1) Approve the minutes of April 6, 2009. (6.2) Approve Change Order No. 1 for the 2009 Brick Street Curb Repair, Project No. 07-2650 for Bryant and Bryant Construction in the amount of $13,600. Moved by Commissioner Jilka, seconded by Commissioner Perney, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Page 1 Commission Action # i i 1 z 09-775 09-77771 09-77781 DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 09-10497 granting final approval of a property tax exemption for Bergkamp, Inc. Dean Andrew, Director of Planning, explained the request and the amended ordinance. Moved by Commissioner Jilka, seconded by Commissioner Perney, to pass Ordinance No. 09-10497 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 09-10495 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. Mayor Vanier reported that Ordinance No. 09-10495 was passed on first reading on April 6, 2009 and since that time no comments have been received. Moved by Commissioner Perney, seconded by Commissioner Larson, to adopt Ordinance No. 09-10495 on second reading. A roll call vote was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier. Nay: (0). Motion carried. (8.2) Approve Change Order No. 2 for Gold Water Tower Maintenance, Project No. 07-2651. Martha Tasker, Director of Utilities, explained the project and funding. Ms. Tasker responded to Mayor Vanier regarding the current service of the water tower. Moved by Commissioner Larson, seconded by Commissioner Peck, to approve Change Order No. 2 for the Gold Water Tower Maintenance, Project No. 07-2651 to Utility Service Company in the amount of $52,000. Aye: (5). Nay: (0). Motion carried. (8.3) Second reading Charter Ordinance No. 35 amending Section 2 of Charter Ordinance No. 22 concerning K.S.A. 12-1697, the promotion of tourism and conventions, and authorizing the levying of a transient guest tax. Mayor Vanier reported that Charter Ordinance No. 35 was passed on first reading on April 6, 2009 and since that time no comments have been received. John Miller, 505 Moon, questioned the use of the transient guest tax for the Bicentennial Center and the art program. He also commented on the subsidies that the Bicentennial Center receives. Moved by Commissioner Jilka, seconded by Commissioner Larson, to adopt Charter Ordinance No. 35 on second reading. A roll call vote was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier. Nay: (0). Motion carried. (8.4) Resolution No. 09-6617 levying a transient guest tax in the amount of 6.75% upon the gross receipts of sleeping accommodations in the city of Salina for the promotion of tourism and conventions. Jason Gage, City Manager, explained the restricted use of the transient guest tax and Options A and B of the proposed resolutions. Mr. Gage then responded to Commissioner Jilka's ?question regarding the Bicentennial Center's subsidies and the maintenance agreement with the Salina Art Center. Commissioner Jilka explained that is has never been happy with the current revenue split with the Chamber and felt that this should be an equal partnership. Commissioner Jilka continued to express the need for the Bicentennial Center upgrades and concerns with funding the cultural art programs. A discussion followed between Commissioner Perney, Commissioner Jilka and Mr. Gage regarding use of the tax revenues for the cultural art programs and statute limitations on how the transient guest tax funds could be used. Page 2 Commission Action # Z a W ca CU 0 09-177 09-778 i 1 Mayor Vanier commented on the proposed funding for the cultural art programs and that the revenues would be coming from outside sources versus the citizens in Salina. He expressed his support for Option A. Commissioner Larson commented on the work done by the cultural roundtable, and collaboration between the parties involved. She expressed her support for Option A. A discussion followed between the Commission and Mr. Gage regarding the cultural grant guidelines and allocation of the transient guest tax funds. Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Resolution No. 09-6617 under Option `B" with the 50-50 split. Aye: (2). Nay: (3) Larson, Peck, Vanier. Motion failed. Moved by Commissioner Larson, seconded by Commissioner Peck, to adopt Resolution No. 09-6617 as presented (Option "A"). Commissioner Jilka commented on Bicentennial Center subsidizes and would not support the resolution. Commissioner Perney commented on the distribution of the funds at the later date as proposed in the Option "A" and would support the resolution. Mayor Vanier called the question. Aye: (4). Nay (1) Jilka. OTHER BUSINESS (9.1) Comments from outgoing City Commissioners Pemey and Jilka. - Commissioner Perney expressed his thanks to the community for the opportunity to serve and continued to encourage the community to support the arts and cultural programs. Commissioner Jilka expressed his appreciation for the opportunity to serve on the Commission and that it was an honor to represent the citizens of Salina. He noted some accomplishments such as the restoration of the Stiefel Theatre, North Ohio Overpass project, and the beginning of a new swimming facility. Commissioner Jilka thanked the past and present City Commissioners that have served with him; in addition thanking his parents, co-workers at Jilka Furniture, and City Manager's Office staff. (9.2) Comments'from Mayor Vanier at the end of his Mayoral term. Mayor Vanier thanked City Manager Jason Gage, City Attorney Greg Bengtson, and the entire city staff for their support and expertise. He.commented on lessons learned while serving on the Commission and thanked the public for the opportunity. ORGANIZATIONAL MEETING (10.1) Lieu Ann Elsey, City Clerk, administered the Oath of Office to newly elected Commissioners Samantha Angell, Norman M. Jennings, and Tom Arpke. (10.2) Lieu Ann Elsey, City Clerk, called the Organizational meeting to order. Present: Commissioner Samantha Angell Commissioner Tom Arpke Commissioner Norman M. Jennings Commissioner M. Luci Larson Commissioner Aaron Peck (10.3) Nominations for Mayor and Chairman of the Board of Commissioners. Page 3 Commission Action # 1 LI 1 09-77811 N Z 09-77 U) N C U 09-7783 Moved by Commissioner Peck, seconded by Commissioner Arpke, to nominate Commissioner Larson for Mayor and Chairman of the Board of Commissioners. Aye: (5). Nay: (0). Motion carried. (10.4) Nominations for Acting Mayor and Vice Chairman of the Board of Commissioners. Moved by Mayor Larson, seconded by Commissioner Angell, to nominate Commissioner Peck as Acting Mayor and Vice Chairman of the Board of Commissioners. Aye: (5). Nay: (0). Motion carried. (10.5) Lieu Ann Elsey, City Clerk, turned the gavel over to the Mayor Larson. (10.6) Mayor Larson presented a "Plaque of Appreciation" to Abner Perney for his term as City Commissioner. (10.7) Mayor Larson presented a "Plaque of Appreciation" to Alan Jilka for his term as City Commissioner. (10.8) Mayor presented a "Plaque of Appreciation" and gavel to John Vanier for his term as Mayor and City Commissioner. (10.9) New Mayor comments. Mayor Larson thanked and acknowledged farewells to the -outgoing commissioners and welcomed new Commissioners Angell, Jennings, and Arpke. She commented on the hard work and future challenges and obstacles that will be faced and everyone is in it together. Mayor Larson expressed her appreciation to city staff, family, co-workers, and citizens for the opportunity to serve on the Commission and to serve as Mayor. ADJOURNMENT Moved by Commissioner Peck, seconded by Commissioner Jennings, that the Regular Meeting of the Board of Commissioners be adjourned. Ayer (5). Nay: (0). Motion carried. The meeting adjourned at 5:43 p.m. [SEAL] ATTEST: 4aLL��j Lieu Ann Elsey, CMC, City k uc , Page 4