12-14-2009 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
December 14, 2009
4:00 p.m.
The' City Commission convened at 3:45 p.m..in a Study Session for a Citizens Open Forum. 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:
Acting Mayor Samantha Angell, Chairman presiding
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: Mayor M. Luci Larson
Commissioner Aaron Peck
Moved by Commissioner Arpke, seconded by Commissioner Jennings, to appoint
Commissioner Angell as Acting Mayor. Aye: (3). Nay: (0). Motion carried.
Acting Mayor Angell expressed the Commission's condolences for Mayor Larson's recent
loss in her family.
CITIZEN FORUM
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continued public hearing and report on Petition No. 4323, filed by Barbara Young on
behalf of Hixson Lehenbauer Investment Co., Inc., requesting vacation of a portion of Broadway Blvd.
right of way adjacent to Foley Equipment Co. at 529 N. Broadway Blvd..
(5.1a) First reading Ordinance No. 09-10526.
Public hearing continued from December 7, 2009.
Jason Gage, City Manager, summarized the City Commission rules and procedures for
adopting ordinances, resolutions, and other items.
Dean Andrew, Director of Planning, explained the request, property ownership, and the
recommendation to vacate 58 feet instead of the requested 60 feet.
Barbara Young, petitioner, requested the City Commission approve the vacation. Ms.
Young also explained'the placement of the,new sign.
There being no further comments, the public hearing was closed.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to pass Ordinance
No. 09-10526 on first reading. Aye: (3). Nay: (0). Motion carried.
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CONSENT AGENDA
(6.1) Approve the minutes of December 7, 2009.
(6.2) Award of contract for the Front Street Sanitary Sewer Reconstruction and Manhole
Replacement, Project No. 09-2769 to Nowak Construction Company, Inc. in the amount of $515,957.
(6.3) Approve the purchase of a Storage Area Network (SAN) device from Datawise Storage in
the amount of $28,675.
(6.4) Resolution No. 09-6684 authorizing a Second Addendum to the Public Transit Grant
Agreement with OCCK.
Moved by Commissioner Arpke, seconded by Commissioner Jennings, to approve the
consent agenda as presented. Aye: (3). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) First reading Ordinance No. 09-10530 repealing and correcting Ordinance No. 09-10516
which annexed 3.03 acres of unplatted agricultural land on the south side of East North Street.
Dean Andrew, Director of Planning, explained the platting of the area and the corrected
boundary of the annexed area.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to pass Ordinance
No. 09=10530 on first reading. Aye: (3). Nay: (0). Motion carried.
Moved by Commissioner Arpke, seconded by Commissioner Jennings, declare an
emergency exist for second reading on the same day. Aye: (3). Nay: (0). Motion carried.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Ordinance
No. 09-10530 on second reading. A roll call was taken. Aye: (3) Arpke, Jennings, Angell. Nay: (0).
Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 09-10527 providing an amendment to the use limitations to
Lot 2 in the Reserves of Prairie Glen Planned Development District.
Acting Mayor Angell reported that Ordinance No. 09-10527 was passed on first reading on
December 7, 2009 and since that time no comments have been received.
Moved by Commissioner Arpke, seconded by Acting Mayor Angell, to postpone second
reading until December 21, 2009. Aye: (3). Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 09-10528 amending Section 42-418.2 of the South Ninth
Street Corridor Overlay District by adding building supply stores and lumber yards, business schools,
department and discount stores and delicatessens to the list of conditional uses.
Acting Mayor Angell reported that Ordinance No. 09-10528 was passed on first reading on
December 7, 2009 and since that time no comments have been received.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Ordinance
No. 09-10528 on second reading. A roll call was taken. Aye: (3) Arpke, Jennings, Acting Mayor
Angell. Nay: (0). Motion carried.
(8.3) Second reading Ordinance No. 09-10529 levying special assessments against certain lots
and pieces of property to pay the cost of abatement of nuisances.
Acting Mayor Angell reported that Ordinance No. 09-10529 was passed on first reading on
December 7, 2009 and since that time no comments have been received.
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Moved by Commissioner Arpke, seconded by Commissioner Jennings, to adopt Ordinance
No. 09-10529 on second reading. A roll call was taken. Aye: (3) Arpke, Jennings, Acting Mayor
Angell. Nay: (0). Motion carried.
(8.4) Receive and review the 2008 audit report.
Rod Franz, Director of Finance and Administration, explained the "clean" opinion
received, expenditures in the BID budget and Special Alcohol fund. Mr. Franz continued to explain
the Federal Single Audit that was required.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to accept the 2008
audit report. Aye: (3). Nay: (0). Motion carried.
(8.5) Resolution No. 09-6687 authorizing an agreement for planning and engineering services to
complete Phase II of the Old River Channel Master Plan with Design Studios West, Inc. in the amount
not to exceed $400,000.
Martha Tasker, Director of Utilities, explained the project phases, funding, and
conformance with the City's strategic plan.
Don Brandes, Design Studios West, summarized the creation of a master plan, Phase I of
the project, public input, and use of a Master Plan Advisory Committee and Technical Advisory
Committee.
Robert Eck, Design Studios West, outlined the proposed scope of work and timeline.
Mr. Brandes spoke on the efforts by the Friends of the River Committee and City staff.
A discussion followed between Commissioner Arpke and Mr. Brandes regarding project
authorizations and phasing.
Acting Mayor Angell thanked Friends of River Committee for there dedication on the
project. A discussion followed between Mr. Brandes, Acting Mayor Angell, and Jason Gage, City
Manager, regarding future costs, scope of services, future change orders, and communication of the
project to property owners along the channel.
Moved by Commissioner Arpke, seconded by Acting Mayor Angell, to adopt Resolution
No. 09-6687. Aye: (2). Nay: (1) Jennings. Motion carried.
(8.6) Resolution No. 09-6688 authorizing a renewal agreement to provide administrative
services for a self-funded health benefit plan with Blue Cross Blue Shield of Kansas.
Natalie Fischer, Director of Human Resources, explained the health insurance benefit and
funding.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Resolution
No. 09-6688. Aye: (3). Nay: (0). Motion carried.
(8.7) Resolution No. 09-6689 expressing the intent to contribute up to $75,000 to the Salina
Community Theatre Association over five years for the purpose of constructing parking improvements
to accommodate a building expansion project.
Jason Gage, City Manager, explained the Theatre's expansion project, parking
requirements, estimated parking improvement costs, and funding and installment payments.
Michael Spicer, Salina Community Theatre Director, commented on the improvements and
proposed funding.
Moved by Commissioner Arpke, seconded by Commissioner Jennings, to adopt Resolution
No. 09-6689. Aye: (3). Nay: (0). Motion carried.
(8.8) Second reading Ordinance No. 09-10524 requesting a change in zoning district
classification from C-3 (Shopping Center) and R-3 (Multi -Family Residential) to PDD (Planned
Development District) to create an expanded campus for the Salina Community Theatre.
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Dean Andrew, Director of Planning, explained the request, site plan, parking requirements
and allowing the deferral for a period up to five years.
A discussion followed between Acting Mayor Angell and Mr. Andrew regarding property
landlocked and required number of parking spaces.
Michael Spicer, Salina Community Theatre Director, spoke on the intent of maximizing the
parking at the present time. Mr. Spicer responded to Acting Mayor Angell's question regarding use of
St. Francis property as an artist bungalow.
Moved by Commissioner Arpke, seconded by Commissioner Jennings, to adopt Ordinance
No. 09-10524 on second reading. A -roll call vote was taken. Aye: (3) Arpke, Jennings, Angell. Nay:
(0). Motion carried.
OTHER BUSINESS
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to recess into
executive session to discuss 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 5:28 p.m. Aye: (3). Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:18 p.m. and reconvened at 5:41
p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Arpke, seconded by Commissioner Jennings, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried. The
meeting adjourned at 5:41 p.m.
[SEAL]
ATTEST:
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Lieu Ann Elsey, CMC, Ca Clerk
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