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04-20-2009 MinutesCommission Action # 1 1 09-77841 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 20, 2009 4:00 p.m. The City Commission convened at 2:30 p.m. in a Budget Overview 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 M. Luci Larson, chairman presiding Commissioner Samantha Angell Commissioner Tom Arpke Commissioner Norman Jennings Commissioner Aaron Peck comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM Gary Swartzendruber, 528 S. College, questioned whether the City Commission would be considering a repeal of the clean air ordinance. A discussion followed between the City Commission, City Manager Jason Gage, and City Attorney Greg Bengtson regarding process of placing items on the agenda, man hours already spent on the issue, and timeline of the recently adopted ordinance. Commissioner Peck stated that he would like to see the ordinance left in effect and allow for the election. Mr. Swartzendruber felt that it was important for the City Commission to repeal the current clean air ordinance and allow the°issue to go to a public vote. He expressed concerns of confusion at the ballot if the ordinance was not repealed. Moved by Commissioner Arpke, seconded by Commissioner Angell, to have the item placed on the next agenda for discussion to see if a special election could be avoided with the possibility of repealing the ordinance. Aye: (3). Nay: (2) Jennings, Peck. Motion carried. A discussion followed between the City Commission and Mr. Gage regarding clean air ordinances adopted by other communities and allowing due process from both sides of the issue. The Commission asked that staff provide them with background information and pending state action. AWARDS - PROCLAMATIONS (4.1) The week of April 19-25, 2009 as "National Volunteer Week" in the city of Salina. Glen Steyer, Chairman of The Volunteer Connection Advisory Council, read the proclamation and announced upcoming events. (4.2) The week of May 3-9, 2009 as "Building Safety Week" in the city of Salina. Mike Roberts, Building Official, read the proclamation and announced upcoming events. (4.3) The day of April 25, 2009 as "Take Charge Challenge Day" in the city of Salina. Jason Gage, City Manager, read the proclamation and announced upcoming events. Page 1 Commission Action # U) N Z W C 09-778 1 09-77871 1 PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 13, 2009. Moved by Commissioner Peck, seconded by Commissioner Arpke, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 09-10497 granting final approval of a property tax exemption for Bergkamp, Inc. Mayor Larson reported that Ordinance No. 09-10497 was passed on first reading on April 13, 2009 and since that time no comments have been received. Moved by Commissioner Arpke, seconded by Commissioner Peck, to adopt Ordinance No. 09-10497 on second reading. A roll call was taken. Aye: (5) Angell, Arpke, Jennings, Peck, Larson. Nay: (0). Motion carried. (8.2) First reading Ordinance No. 09-10496 amending Chapter 8, Article I, Division 1, Section 8-12.4 of the Salina Code by amending Section 406.7.1 of the International Building Code pertaining to the fire -rating requirements for fire barriers in open -sided RV storage buildings. Michael Roberts, Building Official, explained the request, proposed amendment and the Building Advisory Board's recommendation. Mr. Roberts then responded to Commissioner Arpke's question on the difference between S-1 and S-2. Warren Ediger, Architect, commented on the request and intent of the proposed ordinance. Moved by Commissioner Peck, seconded by Commissioner Jennings, to pass Ordinance No. 09-10496 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) City Commission Board Appointments. Mayor Larson: Economic Development Executive Committee Salina Area Chamber of Commerce Board Salina Economic Development Incentives Council Library Board Commissioner Peck: Salina -Saline County Building Authority Salina Housing Authority Joint City -County Board of Health Commissioner Angell: Salina Airport Authority Salina -Saline County -Building Authority Commissioner Arpke North Central Regional Planning Commission Joint City -County Board of Health, Commissioner Jennings: Arts and Humanities Commission Convention & Tourism Committee Page 2 Commission Action # 09-7788 Z W W Cn 09-1785 N U 09-77891 n J (8.4) Request for executive session (legal). Moved by Commissioner Peck, seconded by Commissioner Angell, to recess into executive session for 45 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 5:25 p.m. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Peck, seconded by Commissioner Jennings, to extend the current executive session for an additional 15 minutes and reconvene at 5:47 p:m. Aye: (5). Nay: (0). Motion carried. The City Commission reconvened at 6:19 p.m. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Peck, seconded by Commissioner Jennings, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:19 p.m. 4 u' �3, a [SEAL] ATTEST: Lieu Ann Elsey, CMC, Clerk Page 3