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09-28-2009 MinutesCommission Action # Ll 1 09-797: 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 28, 2009 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Kenwood Cove Aquatic Park Tour. 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 None. Moved by Commissioner Peck, seconded by Commissioner Arpke, to consider Item 8.8 prior to Item 8.7. Aye: (5). Nay: (0). Motion carried. AWARDS - PROCLAMATIONS (4.1) The month of October 2009 as "Breast Cancer Awareness Month" in the city of Salina. Hank Boyer read the proclamation and Ashey McCartney and Phyll Klima, Salina Downtown, Inc., announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of September 21, 2009. (6.2) Resolution No. 09-6663 appointing Norman Yenkey to the Business Improvement District No. 1 Board of Advisors and Kristie Brown to the Disciplinary Advisory Board. (6.3) Resolution No. 09-6662 expressing the intent to participate in the 2010 EPA Coalition Assessment Grant and authorize the Kansas Department of Health and Environment to submit the grant application to the U.S. Environmental Protection Agency. Moved by Commissioner Arpke, seconded by Commissioner Peck, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Resolution No. 09-6661 authorizing the Mayor to sign a license agreement with Salina Regional Health Center allowing for a private fiber optic cable to be placed in the South Fifth Street right-of-way. Dean Andrew, Director of Planning, explained the request. Mr. Andrew responded to Mayor Larson's questions regarding relocation of the cable and cost to the City of possible relocation. Moved by Commissioner Peck, seconded by Commissioner Jennings, to adopt Resolution No. 09-6661. Aye: (5). Nay: (0). Motion carried. Page 1 Commission Action # 1 1 M Z Q_ W 09-797 09-797 1110 (7.2) First reading Ordinance No. 09-10519 (requested by Saline County Commission) requesting annexation of South Ninth Street from southern boundary of the Riffel Addition south to Water Well Road. Dean Andrew, Director of Planning, explained the development of the area, K.S.A. 12-520, and request of annexing the roadway. A discussion followed between Commissioner Jennings, City Manager Jason Gage, Mr. Andrew and Mayor Larson regarding maintenance responsibilities.. Moved by Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance No. 09-10519 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 09-10517 amending Article X, Section 42-517 of the Salina Zoning Ordinance to consider guidelines for allowing electronic message center signs for certain uses allowed in residential districts. Mayor Larson reported that Ordinance No. 09-10517 was passed on first reading on September 21, 2009 and amended as requested by the City Commission. Moved by Commissioner Peck, seconded by Commissioner Angell, to adopt Ordinance No. 09-10517 on second reading. A roll call was taken. Aye: (4) Angell, Jennings, Peck, Larson. Nay: (1) Arpke. Motion carried. (8.2) Adoption of changes to the Housing Rehabilitation Plan for CDBG-R Grant (09 -HR -912) and consideration of modifying financial qualifications. Judy Irvin, Neighborhood Services Coordinator, explained the proposed amendments to the housing plan. Ms. Irvin responded to Commissioner Jennings regarding payment plans and establishing effective dates for those plans. Moved by Commissioner Angell, seconded by Commissioner Arpke, to approve the proposed changes as presented, including the optional change in eligibility. Aye: (5). Nay: (0). Motion carried. (8.3) Approve the Homeless Prevention and Rapid Re -Housing Program budget itemizations and authorize the Mayor to sign the grant contract and anti -lobbying certification. Judy Irvin, Neighborhood Services Coordinator, explained the grant program, allocation of Rinds, and services provided by the agencies. Ms. Irvin responded to Mayor Larson's question regarding funding to mental health agencies and the allocation of funds. Moved by Commissioner Angell, seconded by Commissioner Peck, to approve the budget itemizations and authorize the Mayor to sign the HPRP grant contract and certifications.. Aye: (5). Nay: (0). Motion carried. (8.4) Approve the purchase of four wastewater pumps for the Wastewater Collection, Project No. 09-2781. Martha Tasker, Director of Utilities, explained the project, quotes received, and funding. Ms. Tasker replied to Mayor Larson's question regarding the life expectancy of the pumps. Moved by Commissioner Arpke, seconded by Commissioner Peck, to approve the purchase of four wastewater pumps for the Wastewater Collection, Project No. 09-2781 from Environmental & Process Systems, Inc. in the amount of $177,800. Aye: (5). Nay: (0). Motion carried. (8.5) Award of contact for Cloud and Broadway pedestrian crossing coricrete-work, Project No. 08-2741. Dan Stack, City Engineer, explained the project, quotes received, and funding. A discussion followed between Mayor Larson and Mr. Stack regarding the pedestrian crossing, and inclusion of ADA ramps in the project. Page 2 Commission Action # 1 J Merlin Stephens, 348 Maple, commented on the placement of the crosswalk; however felt it will not totally solve the problem. Mr. Stephens expressed the need for sidewalks. Michael Schrage, Deputy City Manager, noted the draft comprehensive plan which addresses sidewalk needs. 09-7978 Moved by Commissioner Jennings, seconded by Commissioner Arpke, to award the contract for Cloud and Broadway pedestrian crossing concrete work, Project No. 08-2741 to Davis Construction in the amount of $10,732.50. Aye: (5). Nay: (0). Motion carried. (8.6) Authorize the expansion of the South Street reduced speed school zone and crosswalk improvements serving Cottonwood Elementary School. Dan Stack, City Engineer, explained the current school zone, proposed changes, improvements, and funding. A discussion followed between Mr. Stack, Mayor Larson, Commissioner Arpke, and City Manager Jason Gage pertaining to traffic control signage and lighting and pedestrian traffic. 09-7979 Moved by Commissioner Peck, seconded by Commissioner Angell, to authorize the expansion of the South Street reduced speed zone and crosswalk improvements near Phillips and Baker Streets. Aye: (5). Nay: (0). Motion carried. (8.8) Award construction bid for a landfill equipment storage building. Michael Fraser, Director of Public Works, explained the project, bids received, and project funding. 09-798C Moved by Commissioner Angell, seconded by Commissioner Peck, to award construction bid for a landfill equipment storage building to Larkin Excavating, Inc. in the amount of $21,300. Aye: (5). Nay: (0). Motion carried. (8.7) Authorize Westar Energy to install service extensions in association with the Municipal Solid Waste Landfill Facility Cell No. 5 Construction Project, Project No. 09-2769. Aye: (5). Nay: (0). Motion carried. Michael Fraser, Director of Public Works, explained the project, location of the extensions, cost, and funding. Mr. Fraser then responded to Commissioner Jennings regarding why the item was not included when the project was originally bided. 09-7981 Moved by Commissioner Jennings, seconded by Commissioner Peck, to authorize Westar Energy to install service extensions in association with the Municipal Solid waste Landfill Facility Cell No. 5 Construction, Project No. 09-2769 in a total cost of $32,857. Aye: (5). Nay: (0). Motion carried. (8.9) Authorize contract amendment with Straub Construction for Kenwood Cove at Salina aquatic park. Steve Snyder, Director of Parks and Recreation, explained the contract amendment, the public art component of the project, project completion date and liquidated damages. A discussion followed between Commissioner Jennings, Mr. Snyder, Mayor Larson, City Manager Jason Gage, Commissioner Angell, and City Attorney Greg Bengtson regarding the project timeline, payment for the public art component, art installation, and responsibility of the liquidated damages. 09-798 . Moved by Commissioner Jennings, seconded by' Commissioner Arpke, to recess into executive session for 10 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. Page 3 Commission Action # .1• 11M IA 09-7 W ca co 0 N C U 09-7985 1 1 The City Commission recessed at 5:15 p.m. Moved by Commissioner Arpke, seconded by Commissioner Peck, to reconvene the meeting at 5:30 p.m. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Angell, seconded by Commissioner Peck, to authorize the contract amendment with Straub Construction for the Kenwood Cove aquatic park. Aye: (5). Nay: (0). 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 5:30 p.m. AK?=arrson, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, ty Clerk Page 4