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05-04-2009 MinutesCommission Action # z W 1 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 4, 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 comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: Commissioner Aaron Peck CITIZEN FORUM Gary Swartzendruber, 528 S. College, expressed his concerns of citizen confusion at the ballot regarding the clean air ordinance, responded to Commissioner Peck's comments toward his presentation at the last meeting and Tom Bell's editorial comments in the Salina Journal. Mr. Swartzendruber commented on the Commission's discussion of not to repeal the ordinance and asked the Commission consider an ordinance to repeal the clean air ordinance and what were their stance on the issue. Jason Gage, City Manager, explained the procedure of repealing the ordinance. Mayor Larson explained that she was under the assumption that a petition was going to be filed. She felt that a special election would occur regardless of the outcome. Commissioner Angell commented that it was clear to the Commission on the process of repealing the ordinance. She felt that there would be a special election and did not want the City to spend more money on conducting more public forums and further discussions on the issue. Commissioner Jennings commented he concurred with Commissioner Angell's comments. He felt that is was important that the Commission make an informed discussion, by hearing both sides of the issue. Commissioner Jennings noted that the proponents and opponents have made it clear to the Commission that a petition would be filed regardless of the outcome so a special election would likely occur. Commissioner Jennings commented on his stance of property owners' rights. Commissioner Arpke explained that he had lost connection during his conference call from the last meeting. He felt that the ordinance infringed onto small business owners, and that there would be future action on Senate Bill 25. He urged the citizens to place the question on the next general election so the city would not have to endure the cost of a special election. AWARDS - PROCLAMATIONS (4.1) The day of May 7, 2009 as "A Day of Prayer" in the city of Salina. Roberta Huseman read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FORA CERTAIN TIME None. Page 1 Commission Action # ,1 • 1 09-7801 1 CONSENT AGENDA (6.1) Approve the minutes of April 27, 2009. (6.2) Award of contract for the Filter Building/Monitoring Area - Roof Replacement, Project No. 09-2755 to Larry Booze Roofing, Inc. in the amount of $11,937.03. (6.3) Resolution No. 09-6619 amending Article 17 and 18 of the Personnel Manual. (6.4) Resolution No. 09-6621 authorizing the City Manager to instruct binding coverage for Excess Workers Compensation Insurance. (6.5) Resolution No. 09-6620 providing for the acquisition of fire -fighting equipment and providing for the issuance of general obligation bonds. Martha Tasker, Director of Utilities, responded to Mayor Larson's questions regarding the location of the building, and difference between the quote and engineer's estimate. Natalie Fischer, Director of Human Resources, also responded Mayor Larson's question regarding the City's smoking policy. Moved by Commissioner Angell, seconded by Commissioner Jennings, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Resolution No. 09-6618 authorizing an agreement among Mariposa Homeowners Association, Cornerstone Development Group, LLC. Dan Stack, City Engineer, explained the Mariposa drainage system and Greg Bengtson, City Attorney, explained the agreement. Mr. Bengtson also responded to Commissioner Angell's question regarding Section 4 of the agreement. Moved by Commissioner Angell, seconded by Commissioner Arpke, to adopt Resolution No. 09-6618. Aye: (4). Nay: (0). Motion carried. (7.2) Accept the offered easement, right-of-way and restricted access dedications and authorize the Mayor to sign the Grand Prairie Addition plat. Dean Andrew, Director of Planning, explained the request, plat, easement dedications, maintenance responsibilities, and the Planning Commission's recommendation and conditions of approval. A discussion followed between Mayor Larson and Mr. Andrew regarding street standards and emergency access. Additional discussions followed between Mayor Larson, Mr. Andrew, and Martha Tasker, Director of Utilities, and Dan Stack, City Engineer, regarding excavation on the golf course and project timeline. A discussion followed between Commissioner Jennings and Steve Snyder, Director of Parks and Recreation regarding the emergency access road coming out on Markley Road. Mr. Andrew responded to Commissioner Angell's question regarding the development of Mariposa Addition. Jesse Valsequez, 1711 N. Fifth Street, expressed concerns of excavation of trenches. Mayor Larson responded to his concerns. Moved by Commissioner Angell, seconded by Commissioner Jennings, to authorize they Mayor to sign the Grand Prairie Addition plat and accept the offered easement, golf course maintenance right-of-way, street right-of-way and restricted access dedications on behalf of the City. Aye: (4). Nay: (0). Motion carried. Page 2 Commission Action # 09-780311 Moved by Commissioner Jennings, seconded by Commissioner Arpke, to authorize the dedication of the off-site easements. Aye: (4). Nay: (0). Motion carried. N Z a w 1 11 0 N C 09-78 (7.3) Second reading Ordinance No. 08-10443 providing a change in zoning district classification to R-1 (Single Family Residential) in the Grand Prairie Addition. Mayor Larson reported that Ordinance No. 08-10443 was passed on first reading on April 7, 2008 and since that time no comments have been received. Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt Ordinance No. 08-10443 on second reading. A roll call vote was taken. Aye: (4) Angell, Arpke, Jennings, Larson. Motion carried. William Umphrey thanked the City Commission and City staff for all their work and helpfulness on this development. None. None. ADMINISTRATION OTHER BUSINESS ADJOURNMENT 09-7805 Moved by Commissioner Arpke, seconded by Commissioner Angell, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 5:10 p.m. [SEAL] AT EST: Lieu Ann Elsey, CMC, City C rk Page 3