05-24-2010 MinutesCommission
Action #
10-0134
10-0135
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 24, 2010
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 Aaron G. Peck, Chairman presiding
Commissioner Samantha Angell
Commissioner Norman Jennings
Commissioner M. Luci Larson
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: Commissioner Tom Arpke
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The month of May 2010 as "National Foster Care Month" in the city of Salina. Nina Shaw -
Woody, Youthville Recruitment, Manager, read the proclamation and announced upcoming events.
(4.2) "A Proclamation of Recommitment to Full Implementation of the Americans with
Disabilities Act" was read by the Accessibility Advisory Board Chair Sharon Luka and Gina
McDonald, Human Relations Director, announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Petition #4325 requesting the vacation of a public drainage easement in
the Replat of Foley Addition.
(5.1a) First reading Ordinance No. 10-10533.
(5.1 b) Accept the public drainage easement dedication in Lot 2, Block 1 of the Replat
of Foley Addition.
Michael Fraser, Director of Public Works, explained the request and the easement dedication.
Mayor. Peck opened the public hearing.
There being no further comments, the hearing was closed.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance
No. 10-10533 on first reading. Aye: (4). Nay: (0). Motion carried.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to accept the
public drainage easement dedication in Lot 2, Block 1 of the Replat of Foley Addition. Aye: (4). Nay:
(0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of May 17, 2010.
(6.2) Resolution No. 10-6743 authorizing a contract with Bigelow Companies, Inc. for providing
advisory assistance in the planning and implementation of upgrading the management systems of the
in-house food service operation at the Bicentennial Center.
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Commission
Action #
J
1
D
10-0136
Z
ELLU0
U
10-0137
10-01381
10-01391
10-01401
Moved by Commissioner Jennings, seconded by Commissioner Angell, to approve the
consent agenda as presented. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #A10-1, filed by ComPro Realty on behalf of Sparrowhawk Land Company
and Alsop Sand Company, requesting annexation of a 150 acre tract of land located at the northeast
corner of Schilling Road and Ohio Street east of and adjacent to the Quail Meadows Estates
Commercial Addition to be known as Stone Lake Addition.
(7.1a) First reading Ordinance No. 10-10547.
Dean Andrew, Director of Planning, explained the request, infrastructure, capital cost
recovery charge, future improvements, and the Planning Commission's recommendation.
Moved by Commissioner Angell, seconded by Commissioner Larson, to pass Ordinance
No. 10-10547 on first reading. Aye: (4). Nay: (0). Motion carried.
(7.2) Application #Z10-1, filed by ComPro Realty on behalf of Sparrowhawk Land Company,
requesting a change in zoning district classification from Saline County AG (Agricultural) to R
(Single -Family Residential), R-1 (Single -Family Residential), R-2.5 (Multi -Family Residential), C-1
(Restricted Business), C-2 (Neighborhood Shopping), C-3 (Shopping Center) and C-5 (Service
Commercial) in the Stone Lake Addition.
(7.2a) First reading Ordinance No. 10-10548.
Dean Andrew, Director of Planning, explained the request, land use, future platting, and the
Planning Commission's recommendation and conditions for approval. Mr. Andrew then responded to
Commissioner Larson's question regarding the proposed zoning along Schilling Road.
A discussion followed between Mayor Peck, Mr. Andrew, and Martha Tasker, Director of
Utilities, regarding water run off, water wells, and commercial zoning.
Jim Maes, ComPro Realty, commented on the request and stormwater protection.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance
No. 10-10548 on first reading. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 10-10544 amending Chapter 24 of the Salina Code by
adding Article II pertaining to illicit discharge.
Mayor Peck noted that Ordinance No. 10-10544 was passed on first reading on May 10,
2010 and since that time no comments have been received.
Michael Schrage, Deputy City Manager, commented on the amendments and effective date.
Moved by Commissioner Larson, seconded by Commissioner Jennings, to adopt Ordinance
No. 10-10544 as amended on second reading with an effective date 90 days after the date of
publication. A roll call vote was taken. Aye: (4) Angell, Jennings, Larson, Peck. Nay: (0). Motion
carried.
(8.2) Second reading Ordinance No. 10-10545 amending Chapter 24 of the Salina Code by
adding Article III pertaining to erosion control.
Mayor Peck noted that Ordinance No. 10-10545 was passed on first reading on May 10,
2010 and since that time no comments have been received.
Moved by Commissioner Larson, seconded by Commissioner Angell, to adopt Ordinance
No. 10-10545 on second reading with an effective date 90 days after the date of publication. A roll
call vote was taken. Aye: (4) Angell, Jennings, Larson, Peck. Nay: (0). Motion carried.
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Action #
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104441
Ca
N
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10-0142
10-0143
10-0144
10-0145
(8.3) Resolution No. 10-6742 amending the Comprehensive Fee Schedule by establishing a
stormwater pollution prevention plan fee.
Michael Schrage, Deputy City Manager, explained the fee. Mr. Schrage also responded to
Commissioner. Jennings' question regarding the review process.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt
Resolution No. 10-6742. Aye: (4). Nay: (0). Motion carried.
(8.4) Resolution No. 10-6736 authorizing a farm lease agreement with Dennis Swenson and
Galen Swenson.
Michael Fraser, Director of Public Works, summarized the proposed agreement and
anticipated revenues. Mr. Fraser then responded to Commissioner Larson's question regarding the
term of previous agreements. Dennis Swenson also responded to Commissioner Larson.
Moved by Commissioner Jennings, seconded by Commissioner Larson, to adopt Resolution
No. 10-6736. Aye: (4). Nay: (0). Motion carried.
(8.5) Authorize staff to complete the survey, design and solicit bids for the Armory Road
Waterline Project No. 10-2831.
Martha Tasker, Director of Utilities, explained the project and project funding. Ms. Tasker
and Deputy City Manager Michael Schrage answered Mayor Peck's question regarding the service
area.
Moved by Commissioner Jennings, seconded by Commissioner Angell, to authorize staff
to complete the survey, design and solicit bids for the Armory Road Waterline Project No. 10-2831.
Aye: (4). Nay: (0). Motion carried
(8.6) Resolution No. 10-6741 authorizing a license agreement with the Coronado Council of Boy
Scouts of America to allow the placement of a commemorative sign in the public right-of-way.
Dean Andrew, Director of Planning, explained the request, proposed sign and placement.
Stacy Huff, Boy Scouts of America, commented on the sign visibility, service project
conducted, and location of the sign.
Moved by Commissioner Angell, seconded by Commissioner Larson, to adopt Resolution
No. 10-6741. Aye: (4). Nay: (0). Motion carried.
(8.7) Authorization of the filing of suit on behalf of the public entities against the United States
of America for the purpose of recovering all allowable costs resulting from the hazardous substance
contamination at the former Schilling Air Force Base and securing needed response and remediation
efforts to clean up the contamination.
Greg Bengtson, City Attorney, explained the contamination, negotiation with the
Department of Justice, the May 29, 2010 deadline, and filing of the suit.
Contingent upon U.S.D. 305, the Salina Airport Authority, and K -State Salina taking action
to provide identical authorization (all four of these entities being known collectively as "the public
entities" and in the event successful negotiation with the United States of America to accomplish these
objectives is not concluded before May 29, 2010, moved by Commissioner Larson, seconded by
Commissioner Jennings, that the City Commission of Salina, Kansas authorize the filing of suit on
behalf of the public entities against the United States of America for the purpose of (1) recovering all
allowable costs resulting from the hazardous substance contamination at the former Schilling Air
Force Base; and (2) securing needed response and remediation efforts to clean up the contamination.
Aye: (4). Nay: (0). Motion carried.
(8.8) . Resolution No. 10-6744 authorizing the City of Salina to file a quiet title action in the
District Court of Saline County to revest title to abandoned cemetery spaces in Gypsum Hill Cemetery.
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Commission
Action #
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Greg Bengtson, City Attorney, introduced Laura Seaton with Clark, Mize & Linville.
Ms. Seaton explained the revestment process, statutory requirements, and court filings.
Ms. Seaton then responded Commissioner Larson's question regarding the notifications process and
location of abandoned spaces.
10-0146 Moved by Commissioner Larson, seconded by Commissioner Jennings, to adopt
Ca Resolution No. 10-6744. Aye: (4). Nay: (0). Motion carried.
y (8.9) Request for executive session (legal).
0
U
10-0147 Moved by Commissioner Angell, seconded by Commissioner Jennings, to recess into
executive session for 20 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 5:27 p.m. Aye: (4). Nay: (0).
Motion carried.
The City Commission recessed at 5:07 p.m. and reconvened at 5:30 p.m.
OTHER BUSINESS
ADJOURNMENT
10-0148 Moved by Commissioner Jennings, seconded by Commissioner Larson, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0 . Motion carried. The
meeting adjourned at 5:30 p.m.
Aar n G. Peck. Mavor
[SEAL]
ATTEST:
lka� 11,
Lieu Ann Elsey, CMC, City Clerk