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08-23-2010 MinutesCommission Action It CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 23, 2010 4:00 p.m. N = The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Open Forum. The w 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. N N a 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 (4.1) Resolution No. 10-6753 expressing gratitude and appreciation to Ronald C. Berry for his employment with the City of Salina from February 10, 1969 to September 10, 2010. 10-0252 Moved by Commissioner Angell, seconded by Commissioner Arpke, to adopt Resolution No. 1-6753. Aye: (5). Nay: (0). Motion carried. Mayor Peck presented Mr. Berry with a plaque. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Petition No. 4329 requesting the vacation of an easement in the Lakewood Addition Replat. Dean Andrew, Director of Planning, explained the request and the petitioner's request to continue the public hearing. Mayor Peck opened the public hearing. 10-025311 Moved by Commissioner Angell, seconded by Commissioner Larson, to continue the public hearing until September 20, 2010. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA ' II (6.1) Approve the minutes of August 16, 2010. (6.2) Authorize the repair of the High Service Pump No. 202 at the Water Treatment Plant, Project No 10-2839 by Douglas Pump Service, Inc. in the amount of $24,418.75. (6.3) Authorize an engineering agreement with 1 -IDR Engineering, Inc. for the Downtown Wellfield Improvements, Project No. 10-2840 in an amount not to exceed $179,000. (6.4) Award of contract for the South Ninth Street Phase IV Median Landscaping, Project No. 10-2835 to Earthcare Landscape Services in the amount of $146,467.28. Page I Commission Action # (6.5) Award of contract for the 2010 Levee Dike and Bike Trail, Project No. 10-2796 to T & R Dirt Construction in the amount of $81,238.89. 10-0,254 Moved by Commissioner Arpke, seconded by Commissioner Jennings, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. a w N DEVELOPMENT BUSINESS N ' (7.1) First reading Ordinance No. 10-10564 adopting the comprehensive plan. 8 Dean Andrew, Director of Planning, explained the process, land designation, Planning Commission's review and recommendation. Mayor Peck thanked staff, Planning Commission, and community volunteers for their efforts. 10-0255 Moved by Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance No. 10-10564 on First reading and direct staff to notify the Saline County Commission of the City Commission's intent to consider the ordinance adopting the plan on second reading on September 20, 2010. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 10-6752 consenting to the participation in the Kansas Enterprise Zone non - metropolitan regions and reconfirming support for the Regional Strategic Plan and Regional Incentives. Gary Hobbie,�Director of Community Development, outlined the duties of the Regional Planning Commission, enterprise zone, plan and incentives. 10-0256 Moved by Commissioner Arpke, seconded by Commissioner Angell, to adopt Resolution No. 10-6752. Aye: (5). Nay: (0). Motion carried. ' ADMINISTRATION (8.1) (8.1) Resolution No. 10-6763 appointing members to various boards and commissions. Mayor Peck noted the appointments will be placed on the City's website. 10-0257 Moved by Commissioner Jennings, seconded by Commissioner Larson, to adopt Resolution No. 10-6763. Aye: (5). Nay: (0). Motion carried. (8.2) Reallocation of the 2009-2010 Emergency Shelter Grants. Gary Flobbie, Director of Community Development, explained the grant and reallocation of funds to DVACK and Catholic Charities. 'Judy Irvin, Neighborhood Services Coordinator, responded to Mayor Peck's question regarding administrative reimbursement. 10-0258 Moved by Commissioner Larson, seconded by Commissioner Angell, to approve the re- allocation of $3,015 in 2009-2010 Emergency Shelter Grant funds to DVACK and Catholic Charities and authorize the Mayor to sign a letter to Kansas Housing Resources Corporation requesting an extension of time to complete grant close-out documents. Aye: (5). Nay: (0). Motion carried. ' (8.3) Resolution No. 10-6762 authorizing and providing water main replacements to the City's water distribution system and providing for the payment of costs. Martha Tasker, Director of Utilities, explained the projects and estimated costs. Moved by Commissioner Larson, seconded by Commissioner Angell, to adopt Resolution No. 10-6762. Aye: (5). Nay: (0). Motion carried. (8.4) First reading Ordinance No. 10-10563 submitting to the electors the question ofimposing a 1/4% special purpose sales tax for a period of ten years for the purpose of financing the cost of design Page 2 Commission Action # and engineering studies, land and easement acquisition, construction, implementation of improvements and maintenance of the Smoky Hill River and to issue sales tax/general obligation bonds. Jason Gage, City Manager, summarized the project, construction of the levee, project phasing, Friends of the River contribution, Smoky Hill Master Plan, proposed ordinance, possible z funding, and sales tax rate. Mr. Gage then responded to Mayor Peck's inquiry regarding the question. a w h Mayor Peck commented on how the tax rate compared to other communities. N 8 A discussion followed between Commissioner Larson and Mr. Gage regarding the election timeline. She noted the communities that have a higher sales tax and in favor of placing the question on the ballot. She then questioned of what would happen to the project if voted down. A discussion followed between the Commissioner Jennings and Mr. Gage regarding submitting the question on the November or April ballot, sales tax revenue, sales tax projection, and mill increase impact. Kristin Gunn, 1900 Stone Ridge Lane, urged the Commission to place the question on November's ballot. She continued to comment on the master plan, comprehensive plan, public involvement, and private and public funding sources. Rob Exline, 114 Overbill Road, encouraged the Commission to support the submittal of the question to the electors. Fie continued to comment on the current appearance of the river channel and the project would be a positive improvement. Mike Wilson, 422 Jupiter, expressed his opposition of the sales tax and the increase of sales tax in the past. Mr. Wilson suggested that the Commission wait until the results of the 2010 Census is released. Kay Tar, 2307 Northwood Lane, felt that this is not the right time and the need for ' infrastructure improvements. Abner Perney, 101 Overbill Road, concurred with Ms. Gunn comments. Mr. Perney continued to comment on the past river committee, project being years behind, and the action before the Commission is whether to place the question on the ballot. Troy Vancil, 853 Navajo, thanked the City Commission, City Staff, and community volunteers for their time and efforts. Mr. Vancil commented on community support, project benefits, placing the question is placed on the ballot, and the survey conducted at the Smoky Hill River Festival. Frank Norton, 2524 E. Magnolia Road, commented on the charity status of the Friends of the River organization, charitable regulations, and placement of the question on the November ballot. Ray I iruska, 2313 Edward, questioned whether if there was a contingency plan in the event of a depression. Mr. Gage responded to Mr. Firuska concerns noting the City's financial policy. Craig King, 10 Red Fox Lane, asked that the Commission to give the citizens the opportunity to decide on the November ballot and expressed his -support of the plan. Merlin Stephens, 340 Maple Avenue, felt that it is a good project, but not the right time for it. Mr. Stephens supported placing the question on the ballot and allow the citizens to decide. ' Commissioners Arpke and Angell felt that the ballot is the place for this to be decided and would support that. Commissioner Larson agreed that the question needs to be placed on the ballot; however, she expressed concerns to placing it on the November ballot due the anti -tax platform that many candidates are running under. Mr. Wilson expressed his appreciation for the work that the Friends of the River organization has done; however, if money is spent does not imply something should be approved. Page 3 commission Action k Commissioner Jennings asked about private funding ofthe project. Mr. Vancil responded to Commissioner Jennings regarding community support. Mayor Peck commented on the importance to educating the public on the project and allow them to choose whether or not to support the project. z 10-0260 Moved by Commissioner Angell, seconded by Commissioner Arpke, to pass Ordinance N No. 10-10563 on first reading. Aye: (5). Nay: (0). Motion carried. N ' OTHER BUSINESS 10-0261 Moved by Commissioner Angell, seconded by Commissioner Arpke, to recess into executive session for 15 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 5:55 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 5:40 p.m. and reconvened at 6:07 p.m. 10-0262 Moved by Commissioner Jennings, seconded by Commissioner Larson, to recess into executive session for five minutes for the purpose of discussing matters pertaining to non -elected City personnel for the reason that public discussion of the matter would violate the privacy rights of the non -elected personnel involved; and reconvene at 6:12 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 6:07 p.m. and reconvened at 6:20 p.m. ADJOURNMENT 10-0263 Moved by Commissioner Larson, seconded by -Commissioner Jennings, that the regular meeting be adjourned. Aye: (5). Nay: (0). Motion carried. The mee*An adjourned, 16:20 p.m. ' Samant e -Mayor [SEAL] Lieu Ann Elsey,C, ty Clerk Page 4