06-07-2010 MinutesCommission
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10-01531
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 7, 2010
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:
Mayor Aaron G. Peck, Chairman presiding
Commissioner Samantha Angell
Commissioner Tom Arpke
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: None.
CITIZEN FORUM
Phyll Klima, Salina Downtown Executive Director, thanked City staff for their assistance
in painting the light poles in the downtown area.
AWARDS - PROCLAMATIONS
(4.1) The day of June 8, 2010 as the official "Summer Reading Kickoff Day at the Salina Public
Library" in the city of Salina. Angela Allen, Head of Information Services, and Kristi Hansen, Youth
Services Coordinator, read the proclamation and announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of May 24, 2010.
(6.2) Approve the minutes of May 27, 2010.
(6.3) Approve the minutes of June 2, 20M.
(6.4) Resolution No. 10-6746 appointing', Jerry Holtz to the Tree Advisory Board.
(6.5) Award of contract for the 2010 Microsurfacing Project No. 10-2790 to Ballou Construction
Company in the amount of $505,840.
(6.6) Award of contract to paint the exterior of the Kenwood Park Storage Building, Project No.
10-2833 to Yutzy Roofing Company in the amount of,$18,700.
(6.7) Resolution No. 10-6745 authorizing'' an agreement with USD 305 assigning four uniformed
law enforcement officers to the school district to serve in the School Resource Officer Program.
Commissioner Larson requested that Item 6.6 be removed from the consent agenda.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to approve the
consent agenda with the exception of Item 6.6 as presented. Aye: (5). Nay: (0). Motion carried.
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A discussion followed between Commissioner Larson, City Manager Jason Gage, and
Director of Parks and Recreation Steve Snyder regarding cost sharing with Saline County and scope of
work for Item 6.6. Additional discussions occurred between Commissioner Angell, Mr. Gage,
Commissioner Larson, Mr. Snyder, and Mayor Peck regarding maintenance, painting, use of the
building, and cost sharing.
Moved by Commissioner Larson, seconded by Commissioner Arpke, to approve Item 6.6.
Aye: (4). Nay: (1) Angell. Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z10-4, filed by Mark Augustine on behalf of 24-7 Convenience Stores,
requesting approval of an amendment of Chapter 42, Article VI, Division 17, Section 42-338 of the
Salina Code by adding retail liquor stores to the list of permitted C-7 uses.
(7.1a) First reading Ordinance No. 10-10549.
Dean Andrew, Director of Planning, explained the request and the Planning Commission's
recommendation. Mr. Andrew then responded to Commissioner Larson's question regarding the use
in the C-7 district.
Commissioner Arpke commented on the amount of litter that is along the ramps and
interstate and felt that allowing the use would add to the problem.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance
No. 10-10549 on first reading. Aye: (4). Nay: (1) Arpke. Motion carried.
(7.2) Application #Z98-813 (filed by Bieberly Architects, P.A. on behalf of Deepa Hospitality
Group, LLC) requesting approval of an amendment to an existing PC -3 (Planned Shopping Center)
District and the approval of a final site plan for a proposed hotel with a building height of 46 feet on
property addressed as 3145 S. Ninth Street.
(7.2a) First reading Ordinance No. 10-10550.
Dean Andrew, Director of Planning, explained the request, site plan, and the Planning
Commission's recommendation and conditions for approval.
Moved by Commissioner Angell, seconded by Commissioner Arpke, to pass Ordinance
No. 10-10550 on first reading. Aye: (5). Nay: '(0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 10-10533 providing for the vacation of a public drainage
easement in the Replat of Foley Addition.
Dan Stack, City Engineer, noted the changes to the legal description of the easement.
Mayor Peck noted that ordinance was passed on first reading on May 24, 2010 and since that time no
comments were received.
Moved by Commissioner Larson, seconded by Commissioner Jennings, to adopt Ordinance
No. 10-10533 on second reading as amended. ' A roll call vote was taken. Aye: (5) Angell, Arpke,
Jennings, Larson, Peck. Nay: (0). Motion carried.
(8.2) Consider installation of stop signs on Highland Avenue at the intersections of Bond and
Wilson between Crawford and Republic.
Mayor Peck recused himself due to' conflict of interest.
Vice -Mayor Angell assumed the chair.
Dan Stack, City Engineer, explained the request, speed data obtained, traffic counts, and the
Manual on Uniform Traffic Control Devices (MUTCD) guidance on placement of stop and yield signs.
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10-0158''.
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A discussion followed between Vice -Mayor Angell, Mr. Stack, Dr. David Silverman
(petitioner), and City Manager Jason Gage regarding the collection of speed data. Additional
discussion followed between Commissioner Larson, Vice -Mayor Angell, Mr. Stack and Mr. Gage
regarding stop sign placement, placement of traffic calming devices, and traffic enforcement.
Dr. Silverman commented on the traffic volume in the area, number of households on the
block, use of traffic calming devices, speed, and visual defects; he felt that there would be a higher
level of traffic during the school year.
Mr. Gage then responded to Vice -Mayor Angell's question on the cost of gathering the
traffic counts in the fall.
Moved by Commissioner Larson, seconded by Commissioner Jennings, to leave the traffic
control at Highland Avenue at the intersections of Bond and Wilson as they currently exists, and
conduct another traffic count in the fall season'. Aye: (4). Nay: (0). Abstained: (1) Peck. Motion
carried
Mayor Peck resumed the chair.
(8.3) Award of contract for the Bicentennial Center Heritage Hall.
Marshall Perry, Bicentennial Center,Manager, explained the project and bids received. A
discussion followed between Commissioner Jennings, and City Manager Jason Gage, Director of
Finance and Administration Rod Franz regarding the transient guest tax fund.
Mr. Perry and Mr. Gage then responded to Commissioner Angell's question regarding the
cost increase of the project from the previous cost provided.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to award the
contract for the Bicentennial Center Heritage Hall Project to Cheney Construction Company in the
amount of $994,430. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution No. 10-6748 authorizing the purchase of USD 305's one-third interest in the
Kenwood Park Storage Building.
Greg Bengtson, City Attorney, explained the interlocal agreement regarding the building,
USD #305's withdrawal, appraisal and valuation of the property, and the purchase of the district's
share.
Moved by Commissioner Jennings, seconded by Commissioner Larson, to adopt
Resolution No. 10-6748. Aye: (5). Nay: (0). Motion carried.
(8.5) Resolution No. 10-6747 authorizing a license agreement with Salina and Reiss
Remediation, LLC, a Kansas limited liability corporation which is a wholly owned subsidiary of Koch
Agricultural Company to allow the installation',lof a groundwater extraction and treatment system on
City property and within public street right-of-way as part of a groundwater contamination remediation
project.
Martha Tasker, Director of Utilities, explained the treatment of the contamination and
license agreement.
A discussion followed between Commissioner Arpke, Commissioner Larson, Mayor Peck,
Ms. Tasker, Jason Gage, City Manager, and Michael Schrage, Deputy City Manager, regarding
groundwater pumping, injection of water, areas''of contamination, discharge in the storm drainage and
sediment removal.
Dean Andrew, Director of Planning, commented on the agreement.
Moved by Commissioner Arpke, seconded by Commissioner Angell, to adopt Resolution
No. 10-6747. Aye: (5). Nay: (0). Motion carried.
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(8.6) Award of contracts for Wastewater Lift Station No. 47 and Magnolia Commons Addition
Infrastructure improvements (Project No. 08-2733).
Martha Tasker, Director of Utilities, outlined the project, bids received, request of
withdrawal of bids, and project funding.
10-0162 Moved by Commissioner Larson, seconded by Commissioner Jennings, to accept the
Cawithdrawal of bids from United Plumbing and Service Company,. Inc. and Straub Construction
Company, Inc. and approve the return of the bid bond to each contractor.
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10-0163 Moved by Commissioner Larson, seconded by Commissioner Jennings, to award the
contract for Wastewater Lift Station No. 47 (Submersible Lift Station), Project No. 08-2733 to Smoky
Hill, LLC in the amount of $302,000, contingent upon Menards closing on the purchase of the
property. Aye: (5).. Nay: (0). Motion carried.
10-0164 Moved by Commissioner Larson, seconded by Commissioner Jennings, to award the
contract for Magnolia Commons Addition Infrastructure Improvements (Concrete Pavement), Project
No. 08-2733 to Smoky Hill, LLC in the amount of $2,270.980.20, contingent upon Menards closing
on the purchase of the property. Aye: (5). Nay: (0). Motion carried.
(8.7) Request for executive session (legal).
10-0165 Moved by Commissioner Angell, .seconded by Commissioner Arpke, to recess into
executive session for 30 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 5:57 p.m. Aye: (5). Nay: (0).
Motion carried.,
The City Commission recessed at 5:27 p.m. and reconvened at 6:02 p.m.
10-0166 Moved by Commissioner Arpke, seconded by Commissioner Larson, to recess into the
current executive session for an additional five minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed at 6:02 p.m. and reconvened at 6:02 p.m. No action was
taken.
None.
OTHER BUSINESS
ADJOURNMENT
10-0167 Moved by Commissioner Aprke, seconded by Commissioner Jennings, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0 . Motion carried. The
meeting adjourned at 6:02 p.m.
A n G. Peck, Mayor
[SEAL]
A EST:
Lieu Ann Elsey, CMC, Ci lerk
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