08-10-2009 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 10, 2009
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session on the 2010 Budget: Issues and
Options. The Regular Meeting of the Board of Commissioners was called to order at 4:04 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
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Proposed 2010 City of Salina budget.
(5.1a) Public hearing on the 2010 budget.
(5. lb) First reading Ordinance No. 09-10512 attesting to the possible increase in taxes
levied.
(5.1c) First reading Ordinance No. 09-10513 adopting the 2010 budget.
Mayor Larson opened the public hearing.
Rod Franz, Director of Finance and Administration, explained the public hearing
requirement and gave an overview of the proposal.
There being no further comments, the public hearing was closed.
Moved by Commissioner Peck, seconded by Commissioner Jennings, to pass Ordinance
No. 09-10512 on first reading. Aye: (5). Nay: (0). Motion carried.
Commissioner Peck clarified that the previous action was a routine budget requirement.
Jason Gage, City Manager, clarified that there is not a mill levy increase for the 2010 budget.
Moved by Commissioner Peck, seconded by Commissioner Jennings, to pass Ordinance
No. 09-10513 on first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of August 3, 2009.
(6.2) Resolution No. 09-6647 levying a transient guest tax in the amount of 6.7% on the gross
receipts of sleeping accommodations for the promotion of tourism and conventions and repealing
Resolution Nos. 91-4357 and 09-6617.
(6.3) Authorize the Director of Utilities to execute the Voluntary Waiver of Hearing and
Dismissal of Water Right No. 920 and submit to the Division of Water Resources.
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(6.4) Approve the purchase of one grit pump from JCI Industries, Inc. in the amount of $22,456.
(6.5) Resolution No. 09-6648 providing the issuance of temporary notes and/or general
obligation bonds to finance improvements at the Solid Waste facility.
Moved by Commissioner Arpke, seconded by Commissioner Peck, to approve the consent
agenda as presented.'
Moved by Commissioner Angell, seconded by Commissioner Jennings, to amend the
consent agenda to remove Item 6.3. Aye: (5). Aye: (0). Motion carried.
Mayor Larson call the question to Motion 09-7913 to approve Items 6.1, 6.2, 6.4 and 6.5 as
presented. Aye: (5). 'Nay: (0) Motion carried.
A discussion followed between Commissioner Angell and Martha Tasker, Director of
Utilities, regarding the lack of use of the water right.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to authorize the
Director of Utilities to execute the Voluntary Waiver of Hearing and Dismissal of Water Right No.
920 and submit to the Division of Water Resources. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z09-6, filed by Barb Arnold and Dave Johnson, requesting an amendment to
Chapter 42, Article IV, Section 42-59 of the Salina Code to allow a second category of mobile food
vendor to be created that would be allowed to set up and sell food from a cart or trailer in one location
for more than 14 days.
(7.1 a) First reading Ordinance No. 09-10511.
Dean Andrew, Director of Planning, explained the request and the Planning Commission's
recommendation. Mr. Andrew then responded to Mayor Larson's question regarding the annual.
review.
A discussion followed between Commissioner Jennings, Mr. Andrew, Deputy City
Manager Michael Schrage regarding the annual review, health department inspections, exclusion of
motorized catering trucks, temporary buildings, and selling of non-food items for extended period of
time.
Mr. Andrew responded to Commissioner Angell's question regarding operating hours.
Commissioner Angell expressed her concerns that the ordinance would allow for operations in front of
bars during the late and early morning hours. Additional discussions followed between Commissioner
Angell, Mr. Andrew, and City Manager Jason Gage regarding her concerns.
Moved by Commissioner Angell, seconded by Commissioner Arpke, to pass Ordinance
No. 09-10511 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) Vacation of an internal platted street right-of-way, accept the offered perimeter right-of-
way and internal easement dedications and authorize the Mayor to sign the Salina High School Central
Subdivision plat (Application P09 -6/6A).
Dean Andrew, Director of Planning, explained the request, plat, and the Planning
Commission recommendation and conditions of approval.
Moved by Commissioner Peck, seconded by Commissioner Angell, to approve the vacation
of an internal platted street right-of-way, accept the offered perimeter right-of-way and internal
easement dedications and authorize the Mayor to sign the Salina High School Central Subdivision
plat. Aye: (5). Nay: (0). Motion carried.
(7.3) Resolution No. 09-6649 authorizing Citywide Self -Storage to construct a building addition
within a platted easement.
Dean Andrew, Director of Planning, explained the request and that Westar has no
objections to the proposed construction.
Moved by Commissioner Jennings, seconded by Commissioner Angell, to adopt
Resolution No. 09-6649. Aye: (5). Nay: (0). Motion carried.
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ADMINISTRATION
(8.1) Second reading Ordinance No. 09-10509 amending Chapter 8, Sections 8-172 and 8-192 of
the Salina Code modifying the requirements for Building Contractor licensing and Section 8-191 to
replace previous skilled trade license exemptions.
Mayor Larson reported that Ordinance No. 09-10509 was passed on first reading on August
3, 2009 and since that time no comments have been received.
Moved by Commissioner Peck, seconded by Commissioner Arpke, to adopt Ordinance No.
09-10509 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. 09-10510 levying special assessments against certain lots and
pieces of property to pay the cost of abatement of nuisances.
Rod Franz, Director of Finance and Administration, explained the abatement process.
Moved by Commissioner Angell, seconded by Commissioner Peck, to pass Ordinance No.
09-10510 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) Award of contract for the Solid Waste Landfill Cell 5 Construction, Project No. 09-2769.
Michael Fraser, Director of Public Works, explained the project, bids received, and project
funding. Mr. Fraser and Civil Engineer Kent Johnson then responded to Commissioners Jennings'
and Peck's questions regarding the specifications and use of the storage building.
A discussion followed between City Manager Jason Gage, Commissioner Jennings, and
Commissioner Angell regarding bidding on the storage building, scope of the project, and award of
contract for the construction of the cell.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to award the
contract for the Solid Waste Landfill Cell 5 Construction, Project No. 09-2769 to Larkin Excavating
without the optional storage shed, in the amount of $1,533,590 and allow staff to utilize a 3%
contingency if needed. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
Michael Fraser, Director of Public Works, gave the City Commission an update regarding
the storm damage from this morning.
(8.4) Request for executive session (personnel).
Moved by Commissioner Peck, seconded by Commissioner Arpke, to recess into executive
session for 30 minutes for the purpose of discussing matters pertaining to non -elected City personnel
for the reason that public discussion of the matter would violate the privacy rights of the non -elected
personnel involved; and reconvene at 5:37 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed at 5:07 p.m.
Moved by Commissioner Peck, seconded by Commissioner Angell, to extend the current
executive session for an additional 75 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission reconvened at 6:52 p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Angell, 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 6:52 p.m.
[SEAL]
TES :
Lieu Ann Elsey, CMC, Ci lerk
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