05-18-2009 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 18, 2009
4:00 p.m.
The City Commission convened at 2:00 p.m. in a Study Session for a Neighborhood Revitalization
Plan and Friends of the River presentations. 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 Toni 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
Kiva Hanes, 622 Duvall Avenue, works at the Best Western Motel, suggested that
exemptions should be made for hotels that have outside entrances to the rooms. Ms. Hanes continued
to comment on the impact the ordinance has had at the motel that she works at. She then responded to
Mayor Larson, Commissioner Angell, and Commissioner Jennings regarding the ten foot requirement,
and how many people have not stayed at the establishment due to the ordinance.
Marvin Westhaven, 718 N. Seventh Street, expressed his opposition towards the smoking
ordinance and felt that the ordinance has hurt local businesses.
AWARDS - PROCLAMATIONS
(4.1) The day of May 23, 2009 as "Poppy Day" in the city of Salina. Sue Herrman, American
Legion Auxiliary President, read the proclamation and announced upcoming events.
(4.2) The week of May 17 — 23, 2009 as "National Public Works Week" in the city of Salina.
Keith Davis, Engineering Tech II with the Public Works Department, read the proclamation and
announced upcoming events.
(4.3) Presentation of "Plaques of Appreciation" to outgoing youth members of the Arts and
Humanities Commission and the Parks and Recreation Advisory Board.
Mayor Larson presented plaques to Hannah Bassett and Javon Shackelford. Ms. Bassett
and Mr. Shackelford expressed the gratitude for the opportunity to serve.
(4.4) The month of May 2009 as "National Preservation Month" in the city of Salina. Elizabeth
Duckers, member of the Heritage Commission, read the proclamation and announced upcoming
events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continued public hearing on special assessment projects.
(5.1 a) Resolution No. 09-6622 amending Resolution No. 07-6450 providing for the
advisability and authorizing improvements in the Eaglecrest Twinhomes project.
(5.1b) Resolution No. 09-6625 amending Resolution No. 08-6501 providing for the
advisability and authorizing improvements in the Red Fox Addition.
(5.1c) First reading Ordinance No. 09-10499 levying special assessments.
(5.1 d) Declare an emergency exists for second reading on the same day.
(5.1e) Second reading Ordinance No. 09-10499.
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CONSENT AGENDA
(6.1) Approve the minutes of May 11, 2009.
(6.2) Award of contract to repair fire damage to the Sunset Park Maintenance Building (Project
No. 09-2695) to Reinert Company in the $13,050 and to purchase a Toro Ground Master 7210 from
Turf Professionals in the amount of $17,170.
(6.3) Resolution No. 09-6627 appointing Blaine Bengtson to the Arts and Humanities
Commission and Christopher Arpin to the Parks and Recreation Advisory Board as youth members.
09-71111 Moved by Commissioner Peck, seconded by Commissioner Jennings, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #PDD09-1 (filed by the City of Salina) requesting a change in zoning district
classification from R-1 (Single -Family Residential) to PDD with underlying zoning of R-1 (Single -
Family Residential) on a tract of land located south of the Bicentennial Center in the Kenwood Park
Addition.
(7.1a) First reading Ordinance No. 09-10500.
(7.1b) Declare an emergency exists for second reading on the same day.
(7.1c) Second reading Ordinance No. 09-10500.
Dean Andrew, Director of Planning, explained the request, site plans, and the Planning
Commission's recommendation and conditions of approval. Mr. Andrew and Martha Tasker, Director
of Utilities, then responded to Mayor Larson's and Commissioner Peck's questions regarding the well
line.
A discussion followed between Commissioner Jennings, Mr. Andrew, Mayor Larson,
Deputy City Manager Michael Schrage, and City Manager Jason Gage regarding handicap parking.
Harry Kaszycki, President of the Salina Aquatics Club, asked the Commission to consider
increasing the 25 -meter pool to 50 -meters and questioned the need for an emergency reading. Mr.
Gage and Mayor Larson responded to Mr. Kaszycki's question regarding the need for the emergency
reading.
09-7811 Moved by Commissioner Arpke, seconded by Commissioner Angell, to pass Ordinance
No. 09-10500 on first reading. Aye: (5). Nay: (0). Motion carried.
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Mayor Larson continued the public hearing from the May 11, 2009 meeting.
Dan Stack, City Engineer, explained the amending resolution and side street assessments.
09-3813
Moved by Commissioner Jennings, seconded by Commissioner Peck, to adopt Resolution
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No. 09-6622. Aye: (5). Nay: (0). Motion carried.
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Dan Stack, City Engineer, explained the amendment.
09-1814
Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt
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Resolution No. 09-6625. Aye: (5). Nay: (0). Motion carried.
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Dan Stack, City Engineer, explained the special assessment process and final costs.
There being no further comments, Mayor Larson closed the public hearing.
09-781 f
Moved by Commissioner Angell, seconded by Commissioner Peck, to pass Ordinance No.
09-10499 on first reading. Aye: (5). Nay: (0). Motion carried.
09-781
Moved by Commissioner Angell, seconded by Commissioner Peck, to declare an
emergency exist for second reading on the same day. Aye: (5). Nay: (0). Motion carried.
09-781'1,Moved
by Commissioner Angell, seconded by Commissioner Peck, to adopt Ordinance
No. 09-10499 on second reading. A roll call vote was taken. Aye: (5) Angell, Arpke, Jennings, Peck,
Larson. Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of May 11, 2009.
(6.2) Award of contract to repair fire damage to the Sunset Park Maintenance Building (Project
No. 09-2695) to Reinert Company in the $13,050 and to purchase a Toro Ground Master 7210 from
Turf Professionals in the amount of $17,170.
(6.3) Resolution No. 09-6627 appointing Blaine Bengtson to the Arts and Humanities
Commission and Christopher Arpin to the Parks and Recreation Advisory Board as youth members.
09-71111 Moved by Commissioner Peck, seconded by Commissioner Jennings, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #PDD09-1 (filed by the City of Salina) requesting a change in zoning district
classification from R-1 (Single -Family Residential) to PDD with underlying zoning of R-1 (Single -
Family Residential) on a tract of land located south of the Bicentennial Center in the Kenwood Park
Addition.
(7.1a) First reading Ordinance No. 09-10500.
(7.1b) Declare an emergency exists for second reading on the same day.
(7.1c) Second reading Ordinance No. 09-10500.
Dean Andrew, Director of Planning, explained the request, site plans, and the Planning
Commission's recommendation and conditions of approval. Mr. Andrew and Martha Tasker, Director
of Utilities, then responded to Mayor Larson's and Commissioner Peck's questions regarding the well
line.
A discussion followed between Commissioner Jennings, Mr. Andrew, Mayor Larson,
Deputy City Manager Michael Schrage, and City Manager Jason Gage regarding handicap parking.
Harry Kaszycki, President of the Salina Aquatics Club, asked the Commission to consider
increasing the 25 -meter pool to 50 -meters and questioned the need for an emergency reading. Mr.
Gage and Mayor Larson responded to Mr. Kaszycki's question regarding the need for the emergency
reading.
09-7811 Moved by Commissioner Arpke, seconded by Commissioner Angell, to pass Ordinance
No. 09-10500 on first reading. Aye: (5). Nay: (0). Motion carried.
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09-7
09-782
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09-7
09-7
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Moved by Commissioner Jennings, seconded by Commissioner Peck, to declare an
emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Arpke, seconded by Commissioner Peck, to adopt Ordinance No.
09-10500 on second reading. A roll call vote was taken. Aye: (5) Angell, Arpke, Jennings, Peck,
Larson. Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 09-10498 adding Section 38-49 to Article III of Chapter 38
of the Salina Code pertaining to temporarily designate and reserve parking on public streets within the
corporate limits for persons with a disability.
Mayor Larson reported that Ordinance No. 09-10498 was passed on first reading on May
11, 2009 and since that time no comments have been received.
Moved by Commissioner Peck, seconded by Commissioner Angell, to adopt Ordinance
No. 09-10498 on second reading. A roll call vote was taken. Aye: (5) Angell, Arpke, Jennings, Peck,
Larson. Nay: (0). Motion carried.
(8.2) Resolution No. 09-6624 authorizing and providing for the alteration, repair or
reconstruction of sanitary sewer and providing for the payment of costs.
Rod Franz, Director of Finance and Administration, summarized the cost of the projects to
be financed and bonding process. Mr. Franz and Director of Utilities Martha Tasker responded to
Commissioner Arpke's question regarding the age of the existing pump stations.
Moved by Commissioner Peck, seconded by Commissioner Arpke, to adopt Resolution No.
09-6624. Aye: (5). Nay: (0). Motion carried.
(8.3) Award contract for cellular telephone services.
Rod Franz, Director of Finance and Administration, explained the bids received.
A discussion followed between Mayor Larson, Mr. Franz, Commissioner Arpke,
Commissioner Jennings, Commissioner Angell, City- Manager Jason Gage, and Deputy City Manager
Michael Schrage regarding cost of text messaging, the City's stipend plan, positions that carry a cell
phone, and replacement equipment.
Moved by Commissioner Angell, seconded by Commissioner Arpke, to award the contract
for cellular telephone services to Sprint. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution No. 09-6626 authorizing an agreement with Saline County for the County's
acquisition of an easement on City property along Farrelly Road.
Dan Stack, City Engineer, explained the request, agreement, and reimbursement for trees.
A discussion followed between Mr. Stack, Commissioners Jennings, Angell, and Peck,
Mayor Larson, City Manager Jason Gage, and City Attorney Greg Bengtson regarding screening, cost
of fencing, purchasing of mature trees, disposition of the existing trees, and project funding and
timeline.
Moved by Commissioner Peck, seconded by Commissioner Angell, to postpone Resolution
No. 09-6626 until June 1, 2009 and to authorize the Mayor to call a special meeting prior to June 1 if a
decision needs to be made for the County to meet their timeline to receive funding. Aye: (5). Nay:
(0). Motion carried.
(8.5) Award of contract for the construction of a Family Aquatic Facility (Project No. 08-2735).
Steven Snyder, Director of Parks and Recreation, explained the project, specifications, bids
received, and project funding. Mr. Snyder then responded to Mayor Larson's questions regarding
rejecting the bids for the spray grounds, use of the spray grounds during the off season, and size of the
spray grounds.
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Commission
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09-782'
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A discussion followed between Commissioner Angell, Commissioner Jennings, Mr.
Snyder, City Manager Jason Gage, Kevin McElyea (Aquatic Design Consultants), and Michael Knight
(Straub Construction) regarding the project timeline and how the addition of a 50 -meter pool would
effect the project. Mr. Snyder, Mr. McElyea, and Mr. Knight felt that the scheduled opening date
would not be met, if added.
Additional discussions occurred between the City Commission, Mr. Snyder, Mr. Gage, and
City Attorney Greg Bengtson regarding opening the old pool if construction timeline is not met,
liquidated damages, redesign of the filtration building if meter pool is extended, and the bidding
process.
Mr. Gage and Mr. Snyder also responded to Commissioner Jennings' question regarding
the maintenance and replacement fund and Commissioners Angell and Peck's question regarding the
increase in cost for the 50 -meter pool.
Mr. Snyder noted that on November 24, 2008. the City Commission chose not to proceed
with a 50 -meter pool.
Commissioner Peck commented that he felt that including the 50 -meter pool would have
affected the outcome of the increase sales tax. He continued to state that he supported the sport, but
has to consider what the tax payers are paying for. He felt that the cost of the 50 -meter pool
outweighed the benefits.
Commissioner Jennings commented that the 50 -meter pool would have a positive
economic impact due to the swim meets that would be held in the community.
A discussion followed between Commissioner Angell, Mr. Gage, Mr. Snyder,
Commissioner Jennings, and Commissioner Peck regarding private funding for the increase cost of
including the 50 -meter pool.
Commissioner Peck and Mayor Larson state that they did not receive a lot of comments
from citizens when considering the design of the facility. Mayor Larson continued to state that she
was grateful that the project came in under the estimate. Commissioner Peck expressed the
importance of completing the project on time and making sure it is done well.
Commissioner Arpke asked Mr. McElyea if he could give a rough estimate of the increase
in cost for the 50 -meter pool. Mr. McElyea felt that would be roughly a minimum of $600,000. He
also commented that the pool would be an unconventional width if the 50 -meter pool was added and
that his biggest concern would be not meeting the deadline.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, 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 room at 6:10 p.m. Aye: (5). Nay: (0).
Motion carried.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to reconvene at
6:12 p.m. Aye: (5). Nay: (0). Motion carried.
Harry Kaszycki, President of the Salina Aquatics Club, asked the City Commission
reconsider the addition of the 50 -meter pool.
Debbie Smith, Coach of the Salina Aquatic Club, commented on the project timeline, the
club's usage agreement with USD 305, number of members in the aquatic's club, and importance of
the 50 -meter pool. Ms. Smith then responded to Commissioner Angell's question regarding private
fundraising.
James O'Shea, 2314 Hillside Drive, suggested that the aquatic club could use the old pool.
Mayor Larson and Mr. Snyder responded to Mr. O' Shea's suggestion. Mr. Snyder clarified to due to
the condition to the pool; it could not be used for, that purpose.
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Commission
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09-78
09-78
Moved by Commissioner Angell, seconded by Commissioner Peck, to award the contract
to construct a family aquatic facility to Straub Construction Company in the amount of $10,396,200
(base bid of $10,269,1000 plus Alternate #2 of $127,100). Aye: (4). Nay: (1) Jennings. Motion
carried.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Peck, seconded by Commissioner Arpke, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 6:30 p.m.
441 Lar�ayor,
[SEAL]
A TEST:
Lieu Ann Elsey, CMC, C' Clerk
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