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06-28-2010 MinutesCommission Action # 1 10-01 10-01811 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 28, 2010 4:00 p.m. The City Commission convened at 2:00 p.m. in a Study Session on the Bicentennial Center and Budget. 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. None. CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to disclose a possible conflict of interest, prompted by an application for housing rehabilitation assistance submitted to North Central Regional Planning Commission by an employee of the City of Salina. Mayor Peck opened the public hearing. Judy Irvin, Neighborhood Services Coordinator, explained the request and that a NCRPC representative was present for questions. There being no further comments the public hearing was closed. Moved by Commissioner Angell, seconded by Commissioner Jennings, to request the City Clerk to record the disclosure and hearing proceedings, including comment received and any discussions in the official minutes of this meeting. Aye: (5). Nay: (0). Motion carried. • Moved by Commissioner Angell, seconded by Commissioner Jennings, to request the City Attorney to provide a written opinion to the City Commission regarding any conflict of interest there might be of a city employee, Corey Scheck, receiving housing rehabilitation assistance under the current CDBG-R grant. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) , Approve the minutes of June 21, 2010. (6.2) Approve purchase of a replacement Top -Water Pump at the Water Treatment Plant, Project No. 10-2837 from Letts, Van Kirk and Associates in an amount not to exceed $11,361. (6.3) Approve the purchase of two Wastewater Pumps for Wastewater Collection, Project No. 10-2836 from Environmental & Process Systems, Inc. in an amount not to exceed $89,900. Page 1 Commission Action # I 1 1 Lo Z a Lu m Cu 0 N 10-418 10-01 10-01 10-01 10-01 10-018 (6.4) Reject bids for the Wastewater Treatment Plant Buildings Nos. 5 and 10 Roof Replacement, Project No. 10-2828 with the understanding the project will be re -bid at a later date with the expectation of receiving competitive bids. (6.5) Resolution No. 10-6750 authorizing an agreement with Travelers for the renewal of the Comprehensive Property/Casualty Insurance. Martha Tasker, Director of Utilities, responded to Commissioner Larson's question regarding delay of the roofing project. Moved by Commissioner Angell, seconded by Commissioner Jennings, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 10-10551 providing a change in zoning district classification from RS to C-5 on property located at 1700 Beverly Drive. Mayor Peck noted that Ordinance No. 10-10551 was, passed on first reading on June 21, 2010 and since that time no comments have been received. Moved by Commissioner Larson, seconded by Commissioner Jennings, to adopt Ordinance No. 10-10551 on second reading. A roll call vote was taken. Aye: (5) Angell, Arpke, Jennings, Larson, Peck. Nay: (0). Motion carried. (8.2) Consider authorizing the Mayor to provide notice to Saline County of the City's intent to terminate the Interlocal Agreement for Mitigating Impacts of the Solid Waste Landfill. Jason Gage, City Manager, explained the .agreement, landfill tipping fee, fund balance, termination of the agreement, and acceptance of outside county waste. Mr. Gage noted a letter received from Saline County asking for renegotiation of the agreement. Mayor Peck commented that he would be willing to meet with the County. A discussion followed between Commissioner Larson and Mr. Gage regarding the solid waste fund and negotiating a new agreement. Moved by Commissioner Jennings, seconded by Commissioner Larson, to take action to authorize the Mayor to provide a written notice to Saline County of the City's intent to terminate the Interlocal Agreement for Mitigating Impacts of Solid Waste Landfill in Saline County. Moved by Commissioner Jennings, seconded by Commissioner Arpke, to recess into executive session for ten minutes to discuss with 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.4:22 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:12 and reconvened at 4:26 p.m. Moved by Commissioner Jennings, seconded by Commissioner Arpke, to extend the current executive session for an addition ten minutes and reconvene at 4:37 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission went into executive session at 4:27 p.m. and reconvened at 4:51 p.m. Moved by Commissioner Jennings, seconded by Commissioner Arpke, to extend the current executive session until 5:05 p.m. Aye: (5). Nay: (0). Motion carried. Page 2 Commission Action # i 10-01 10-018 10-0190 10-0191 10-0192 10-0193 10-01 The City Commission reconvened at 5:07 p.m. Moved by Commissioner Arpke, seconded by Commissioner Larson, to lay on the table Motion No. 10-0184 until after Item 8.4 of the agenda. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 10-6749 authorizing a license agreement with Charles E. Livingston to allow the installation of an awning structure over a public alley at the rear of his building located north of Mokas on the west side of North Santa Fe Avenue. Mayor Peck recused himself due to a conflict of interest. Vice Mayor Angell assumed the chair. Dean Andrew, Director of Planning, explained the request, the Design Review Board's review, and the agreement. Moved by Commissioner Larson, seconded by Commissioner Jennings, to adopt Resolution No. 10-6749. Aye: (4). Nay: (0). Motion carried. Mayor Peck resumed the chair. (8.4) First reading Ordinance No. 10-10557 amending Chapter 2, Article IV, Division 3 of the Salina Code pertaining to indemnification for liability. Jared Johnson, Assistant City Attorney, explained the Kansas Claims Tort Claim Act and proposed amendment. Moved by Commissioner Jennings, seconded by Commissioner Larson, to pass Ordinance No. 10-10557 on first reading. Aye: (5). Nay: (0). Motion carried. Moved Commissioner Jennings, seconded by Commissioner Arpke, to remove Item 8.2 from the table. Aye: (5). Nay: (0). Motion carried. Moved Commissioner Jennings, seconded by Commissioner Angell, to recess into executive session until 5:30 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:13 and reconvened at 5:33 p.m. Moved by Commissioner Larson, seconded by Commissioner Angell, to extend the executive session for 15 minutes and reconvene at 5:50 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 5:35 p.m. and reconvened at 5:53 p.m. Mayor Peck called the question. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Arpke, seconded by Commissioner Larson, that the regular meeting be adjourned. Aye: (5). Nay: (0). Motion -carried. The meetin adjourne at 5:54 p.m. A n G. Peck, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, City lerk Page 3