06-15-2009 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 15, 2009
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a 2010 Budget Assumptions and
Fire Station #1 Remodeling project. 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
James O'Shea, 2314 Hillside Drive, commented on the clean air ordinance, affect on
businesses, how he felt the Commission stood on the issue, and urged the Commission to repeal
the ordinance.
Abner Perney, 128-A S. Santa Fe Avenue, commented on the downtown" streetscape
projects and areas in the downtown in need of maintenance. Mr. Perney continued to speak on the
termination of a project in the downtown area, where the City had removed the art that was being
placed on the planters, and the submission of application for the Governor's Art Award. He felt that
the City had disrespected the artist, Mr. Imagination, and should adopt a resolution formally
apologizing to him. He urged the City Commission to review the downtown design program.
Erica Nelson, 223 N. Kansas Avenue, commented on the impact that Mr. Imagination's
work as been for the community and other areas. She felt that. dismantling of the artwork had a
negative effect on the folk art community and the City Commission need to publicly apologize for
their action and review the public art policy.
Phyll Klima, Salina Downtown, Inc., felt that there was a lack of communication between
the downtown district and city staff. Ms. Klima noted the PUMA plan and the need to form a task
force for future downtown art projects.
Kathy Worlock, Smoky Hill Rehabilitation, commented on Senate Bill 25 regarding
smoking in public places and felt that retirement homes should be exempted from the city's ordinance.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing a petition, filed by Randall Baird, requesting the vacation of a portion of a
street right-of-way on the west side of Hageman Avenue. '
(5.1a) First reading Ordinance No. 09-10504 vacating the right-of-way.
(5.1b) Resolution No. 09-6635 authorizing a license agreement allowing an existing
business sign to be maintained.
Mayor Larson opened the public hearing.
Jared Johnson, Assistant City Attorney, explained the request and license agreement.
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09-784
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09-785,
09-785
There being no further comments, the public hearing was closed.
Moved by Commissioner Peck, seconded by Commissioner Jennings, to pass Ordinance
No. 09-10504 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Peck, seconded by Commissioner Angell, to adopt Resolution
No. 09-6635. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of June 8, 2009.
(6.2) Approve agreement with George Butler Associates for biennial bridge inspection in the
amount of $16,218.75.
Moved by Commissioner Angell, seconded by Commissioner Arpke, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z08-11, filed by Landmark Development Company, requesting approval of a
change in zoning district classification from Saline County AG (Agricultural) to Planned Development
District R-1 (Single -Family Residential) and R-2.5 (Multi -Family Residential) on a 36.15 acre tract of
land located at the northeast corner of Holmes Road and Crawford Street.
(7.1a) First reading Ordinance No. 09-10493.
Dean Andrew, Director of Planning, explained the request, previous City Commission
action, and the Planning Commission's recommendation.
Commissioner Angell recused herself from the quorum due to conflict of interest.
Mr. Andrew explained the East Salina Master Plan. Mr. Andrew then responded to Mayor
Larson's question regarding the sewer line.
A discussion followed between Commissioner Jennings and Mr. Andrew regarding the
anticipated price range for the single family units, the future development of the properties located east
and west of the Landmark Development property, and location of the development.
Darvin Dent, applicant, responded to Commissioner Jennings' question regarding the
location of the single family housing.
Todd Welsh, 221 S. Morris, commented on the request, need to acquire easement for his
property located west of the Landmark Development, the East Salina Master Plan, and the filing of the
preliminary plat for the two tracts of land that he currently owns.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to pass Ordinance
No. 09-10493 on first reading. Aye: (4). Nay: (0). Abstained: (1) Angell. Motion carried.
Commissioner Angell returned.
(7.2) Accept the offered easement, right-of-way and restricted access dedications and authorize
the Mayor to sign the Riffel Addition No. 2 plat.
Dean Andrew, Director of Planning, explained the request, plat, infrastructure, request of a
waiver for the installation of the sidewalks, deferred specials, cost recovery, funding of improvements,
and the Planning Commission's recommendation and conditions for approval.
Dan Stack, City Engineer, and Mr. Andrew responded to Commissioner Arpke's question
regarding the drainage.
Moved by Commissioner Angell, seconded by Commissioner Peck, to accept the offered
easement, right-of-way and restricted access dedications and authorize the Mayor to sign the Riffel
Addition No. 2 plat. Aye: (5). Nay: (0). Motion carried.
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09-785:
09-785'
(7.3) Second reading Ordinance No. 08-10479 providing a change in zoning district
classification to PC -5 in Block 2 of the Riffel Addition No. 2.
Mayor Larson noted that Ordinance No. 08-10479 was passed on first reading on
December 22, 2008 and second reading was held until final approval of the Riffel Addition No. 2 plat.
Moved by Commissioner Peck, seconded by Commissioner Jennings, to pass Ordinance
No. 08-10479 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. 09-10503 providing a change in zoning district
classification from R-3 to C-1 in the Mulberry Creek Addition.
Mayor Larson reported that Ordinance No. 09-10503 was passed on first reading on June 8,
2009 and since that time no comments have been received.
Moved by Commissioner Jennings, seconded by Commissioner Angell, to adopt Ordinance
No. 09-10503 on second reading. A roll call was taken. Aye: (5) Angell, Arpke, Jennings, Peck,
Larson. Nay: (0). Motion carried.
(8.2) Approve Supplemental Agreement No. 3 for additional designand construction services for
Phase IV of the South Ninth Street, Project No. 06-1579.
Dan Stack, City Engineer, explained the project, scope of the agreement, and project
funding.
Moved by Commissioner Peck, seconded by Commissioner Arpke, to approval
Supplemental Agreement No. 3 for additional design and construction services for Phase IV of the
South Ninth Street, Project No. 06-1579 with Wilson & Company in the amount of $47,610. Aye: (5).
Nay: (0). Motion carried.
(8.3) Award contract for the Manhole & Wastewater Pump Station Rehabilitation, Project No.
09-2744.
Martha Tasker, Director of Utilities, explained the project, bids received, and project
funding.
Moved by Commissioner Angell, seconded by Commissioner Arpke, to award contract for
the Manhole & Wastewater Pump Station Rehabilitation, Project No. 09-2744 to Mayer Specialty
Services, LLC in the amount of $876,556. Aye: (5). Nay: (0). Motion carried.
(8.4) Water service at 1345 West Old Highway 40.
(8.4a.) Resolution No. 09-6633 authorizing to execute an Outside the City Water
Agreement with BATA, LLC to provide water service to a building occupied by Mid -
Kansas Underground, Inc.
(8.4b.) Resolution No. 09-6634 authorizing a license agreement with BATA, LLC
allowing a private water service line to be placed in the Dry Creek Channel and Broadway
Boulevard right-of-way.
Martha Tasker, Director of Utilities, explained the water service agreement, future
annexation of the property, extension of utilities policy, license agreement, and hook-up fees.
Moved by Commissioner Peck, seconded by Commissioner Angell, to adopt Resolution
No. 09-6633. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Peck, seconded by Commissioner Angell, to adopt Resolution
No. 09-6634. Aye: (5). Nay: (0). Motion carried.
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09-7858 Moved by Commissioner Arpke, seconded by Commissioner Angell to move the executive
session to after Other Business. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
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Jason Gage, City Manager, commented on the status of the petition filed to repeal the clean
E air ordinance. He indicated that the item would be brought back to the Commission for approval on
conducting a special election.
Mr. Gage addressed the downtown maintenance concerns and informed the Commission
that staff would look into those. Mr. Gage continued to respond to comments made in the Citizens
Forum, clarifying the downtown streetscape projects. He commented on staff looking into energy
saving grants, Santa Fe Art project, the Community Art and Design Advisory Committee's
responsibility of public art in Capital Improvement Projects, the lack of communication, absence of
City Commission approval of the project, and that staff has apologized to the artist and had nothing to
do with the artist. Mr. Gage noted that the original concept showed the art display to be a temporary
fixture and not permanent.
Commissioner Arpke commented that he understood that it would be and did not realize
that the artwork would be removed so quickly. A discussion followed between Commissioner Arpke
and Mr. Gage on why this item was not on the agenda.
Commissioner Peck apologized to the artist and art community. Commissioner Peck felt
that he did not question staff enough on the options available, and would if he had known that City
staff was involved he would have liked to see a presentation on the project.
Commissioner Angell apologized to Mr. Imagination for the break down in communication
and hope that the artist and the art community did not fill like it was some form of disrespect.
Commissioner Jennings concurred with Commissioner Angell and the need to review the
process. Commissioner Jennings noted the safety concerns that were present at the site and apologize
to the artist and the community.
Mayor Larson expressed her apologies, and the need to learn from the mistakes. She felt
that there was a lack of communication and nothing to do with the artist.
(8.5) Request for executive session.
09-785S Moved by Commissioner Peck, seconded by Commissioner Angell, to ten 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 in this room at 5:54 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:44 p.m. and reconvened at 6:03
p.m.
09-786 Moved by Commissioner Arpke, seconded by Commissioner Peck, to pass the subject of
the conditional use permit regarding the Rendezvous Bar on the next agenda so the City Commission
can make record of any considerations that may have taken place outside a regular meeting. Aye: (5).
Nay: (0). Motion carried.
ADJOURNMENT
09-7861 Moved by Commissioner Arpke, seconded
Meeting of the Board of Commissioners be adjourned.
meeting adjourned at 6:05 p.m.
[SEAL]
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Lieu Ann Elsey, CMC, CityZik
by Commissioner Peck, that the Regular
Aye: (5). Nay: (0). Motion carried. The
M. Luci Larson, ayor
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