12-13-2010 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
December 13, 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.
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There were present:
g Mayor Aaron G. Peck, Presiding Officer
Commissioner Samantha P. 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
CrrIZEN FORUM
None.
AWARDS AND PROCLAMATIONS
(4.1) Presentation of the Ray Stillwell Award.
Item was postponed to later in the meeting. The presentation occurred after Item 5.2.
Roxanne Slater, Kansas Water Association, explained the award and presented the award
to Martha Tasker, Director of Utilities. Ms. Slater informed the City Commission that Ms.
Tasker's nomination will be submitted for national recognition.
Mayor Peck thanked Ms. Tasker for her dedication and service.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CER'rAIN TIME
(5.1) Public hearing and report on Petition No. 4331 (filed by L&S, LLC) requesting the vacation
of a portion of the 20 -foot east -west utility easement for a public water line located on Lot 3,
Block 2, Wheatridge Addition.
(5.1a) First reading Ordinance No. 10-10581.
(5.1b) Acceptance of a public utility easement dedication for relocated public waterline..
Mayor Peck opened the public hearing.
Dean Andrew, Director of Planning, explained the request and the dedication of the
easement. Mr. Andrew then responded to Commissioner Jennings's question regarding
surveying of the land.
There being no further comments the public hearing was closed.
10-0357 II Moved by Commissioner Larson, seconded by Commissioner Jennings, to pass Ordinance No. 10-
10581 on first reading. Aye: (5). Nay: (0). Motion carried.
10-0358 II Moved by Commissioner Larson, seconded Commissioner Angell, to accept a public utility
easement dedication for the relocated public water line on Lot 3, Block 2, Wheatridge Addition.
Aye: (5). Nay: (0). Motion carried.
(5.2) Public hearing on Petition 4332 requesting the vacation of a platted 20 -foot utility easement
along the west, southwest, south and southeast boundaries of the Hurd Plaza Addition.
(5.2a) First reading Ordinance No. 10-10582.
Mayor Peck opened the public hearing.
Dean Andrew, Director of Planning, explained the request.
There being no further comments the public hearing was closed.
10-0359 11 Moved by Commissioner Angell, seconded by Commissioner Arpke, to pass Ordinance No. 10-
10582 on first reading. Aye: (5). Nay: (0). Motion carried.
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II (5.2b) Acceptance of a public drainage casement dedication and approval of covenants
related to a storm drainage pipeline located on Lot 1, Block 1 of the Hurd Plaza
Addition and the Suburban TV and /Appliance Center site at -1900S. Ninth Street.
Michael Schrage, Deputy City Manager, explained the dedication.
10-0860 ..Moved by Commissioner Aprke, seconded by Commissioner Angell, to accept the public drainage
easement running from the former Hageman School site over to South Ninth Street and authorize
the Mayor to execute the documents. Aye: (5). Nay: (0). Motion carried.
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(5.2c) Release of Covenants Running with the Land by Southview Plaza of Salina, LLC
(d/b/a Genesis Health Clubs) relating to building code compliance.
Michael Schrage, Deputy City Manager, explained the current covenants, no build
casement, and the release.
10-0361 Moved by Commissioner Jennings, seconded by Commissioner Larson, to authorize the Release of
Covenants Running with the Land by Southview Plaza of Salina, LLC (d/b/a Genesis Health
Clubs) and further authorize staff to deliver the release to Southview Plaza of Salina, LLC upon
satisfaction of the conditions of the covenants. Aye: (5). Nay: (0). Motion carried.
10-0362 Moved by Commissioner Jennings, seconded by Commissioner Larson, to release the letter of
credit by Kansas State Bank dated September 21, 2010 and authorize staff to deliver said release of
Letter of Credit upon satisfaction of the applicable covenants. Aye: (5). Nay: (0). Motion carried.
(5.3) First reading Ordinance No. 10-10584 amending the 2010 budget.
Rod Franz, Director of Finance and Administration, outlined the amendments to the General,
Gas Tax, Arts and Humanities, Sales Tax, Golf Course and Bicentennial Center funds.
A discussion followed between the Commission, Mr. Franz, Bicentennial Center Manager
Marshall Perry, and City Manager Jason Gage regarding the Bicentennial Center and Golf
Course revenues, golf course fees, fee -supported facilities, rental fees, ongoing
maintenance, encumbrance balances, past supplements and expenditures, fund balance
projections, Bicentennial Center short fall, and target fund balances.
70-0363 Moved by Commissioner Arpke, seconded by Commissioner Larson, to pass Ordinance No. 10-
10584 on first reading. Aye: (4). Nay: (1) Angell. Motion carried.
Commissioner Jennings requested that Item 6.9 be removed from the consent agenda.
Mayor Peck thanked the retirees for their years of service.
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CONSGN'r AGENDA
(6.1) Approve the minutes of November 22, 2010.
(6.2) Resolution No. 10-6779 expressing gratitude and appreciation to Jerry D. Godsey for his
employment with the City of Salina from September 11, 1995 to December 15, 2010.
(6.3) Resolution No. 10-6780 expressing gratitude and appreciation to Harvey Kutschka for his
employment with the City of Salina from July 29, 1979 to December 15, 2010.
(6.4) Resolution No. 10-6781 expressing gratitude and appreciation to Ronald C. York for this
employment with the City of Salina from September 26, 1978 to December 15, 2010.
(6.5) Resolution No. 10-6782 expressing gratitude and appreciation to Paul F. Behle for his
employment with the City of Salina from May 16, 1982 to December 15, 2010.
(6.6) Resolution No. 10-6783 expressing gratitude and appreciation to Keith W. Davis for his
employment with the City of Salina from March 23, 1992 to December 15, 2010.
(6.7) Resolution No. 10-6784 expressing gratitude and appreciation to Ralph W. White for his
employment with the City of Salina from January 1, 1996 to December 15, 2010.
(6.8) Award of contract for the Sanitary Sewer Manhole Rehabilitation, Phase No. 2, Project No.
10-2832 to Advanced Underground Inspection, LLC in an amount not to exceed $45,426.42.
(6.9) Award of contract for the Bicentennial Center Improvements - Arena Risers Refurbishing,
Project No. 09-2771 to Hartland Seating Company in the amount of $189,604 and removing
"Alternate 5" from the bid.
Commissioner Jennings requested that Item 6.9 be removed from the consent agenda.
Mayor Peck thanked the retirees for their years of service.
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10-0364
10-0365
Moved by Commissioner Arpke, seconded by Commissioner Angell, to approve the remaining
items on the consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
Marshall Perry, Bicentennial Center Manager, explained the project. Mr. Perry and City
Manager Jason Gage then responded to Commissioner Jennings' question regarding the
project funding.
Rod Franz, Director of Finance and Administration, responded to Commissioners Angell
and I -arson's and Mr. Gage's questions regarding use of the bond proceeds.
A discussion followed between Mr. Gage and Commissioner Jennings regarding the
Bicentennial Center maintenance program.
Mr. Perry and Mark Regier, Jones Gilliam Renz (project architect), responded to
Commissioner Larson's questions regarding the removal of Alternative 5 and unit pricing.
Mr. Franz clarified that the bond proceeds have already been used and the project will be
funded through the tourism proceeds.
Moved by Commissioner Larson, seconded by Commissioner Arpke, to award the contract for the
Bicentennial Center Improvements - Arena Risers Refurbishing, Project No. 09-2771 to Hartland
Seating Company in the amount of $189,604 and removing "Alternate 5" from the bid. Aye: (3).
Nay: (2) Angell, Jennings. Motion carried.
DEVELOPMENT BUSINESS
None.
ADM I NI STRATTON
(8.1) Second reading Ordinance No. 10-10580 changing the zoning district classification from RS
(Residential Suburban) to 1-2 (Light Industrial) to allow construction of a commercial
storage building on property addressed as 914 W. Grand Avenue.
Mayor Peck noted that Ordinance No. 10-10580 was passed on second reading on
November 22, 2010 and since that time no comments have been received.
10-0366 Moved by Commissioner Arpke, seconded by Commissioner Angell, to adopt Ordinance No. 10-
10-10580 on second reading. A role call vote was taken. Aye: (5) Angell, Arpke, Jennings, Larson,
Peck. Nay: (0). Motion carried.
(8.2) First reading Ordinance No. 10-10583 amending Chapter 27, Article 11, Section 27-16 of the
Salina Code pertaining to closing hours of the parks.
Jason Gage, City Manager, explained the current regulations, park permits, and the Parks
and Recreations Advisory Board recommendation.
A discussion followed between Commissioners Larson and Angell, Mr. Gage, Captain
Sweeney, Commissioner Angell, and City Prosecutor Jennifer Wyatt regarding signage,
criminal activity.
Sid Rich, 1535 N. 9th Street, commented on the activity that occurs in Thomas Park and his
support of the ordinance.
A discussion followed between Commission I.arson, Mr. Gage, and Mr. Rich regarding
camping within the parks.
10-0367 Moved by Commissioner Jennings, seconded by Commissioner Larson, to pass Ordinance No. -10-
10583 on first reading using Alternative No. 1 setting curfews for all city parks. Aye: (5). Nay: (0).
Motion carried.
(8.3)Approve Change Order No. 4 for the Magnolia Commons Addition Infrastructure
Improvements, Project No. 08-2733.
Martha Tasker, Director of Utilities, explained the project, change order, and funding.
10-0368 Moved by Commissioner Jennings, seconded by Commissioner Larson, to approve Change Order
No. 4 for the Magnolia Commons Addition Infrastructure Improvements, Project No. 08-2733 to
Smoky Hill, LLC in the amount of $149,500. Aye: (5). Nay: (0). Motion carried.
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(8.5) Resolution No. 10-6787 authorizing an agreement with Saline County for prisoner housing
and dispatch services.
Rod Franz, Director of Finance and Administration, explained the current agreement and
funding.
10-0370 I Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Resolution No. 10-
6787. Aye: (5). Nay: (0). Motion carried.
(8.6) Award of contract for the Marymount Road Pavement Rehabilitation and Drainage
Improvements, Project No. 09-2783.
Jason Gage requested that item be moved to the end of the agenda.
(8.7) Approve Change Order No. 1 with Westar Energy for the - Landfill Facility Cell 5
Construction Project No. 09-2769.
Dan Stack, City Engineer, explained the project, cost estimate, and final cost.
10-0371 Moved by Commissioner Jennings, seconded by Commissioner Arpke, to approve Change Order
No. 1 with Westar Energy for the Landfill Facility Cell 5 Construction Project No. 09-2769 in the
amount of $2,947.69. Aye: (5). Nay: (0). Motion carried.
The Commission requested a five minute break at 6:02 and returned at 6:07 p.m.
(8.8) First reading Ordinance No. 10-10585 amending Chapter 8 of the Salina Code by adding
Article VII pertaining to toxic chemical remediation.
Gary Hobbic, Director of Community Development Services, summarized the proposed
regulations.
Mayor Peck commented on the need for the ordinance.
10-0372 Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt Ordinance No. 10-
10585 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.9) Request for executive session (legal).
10-0373 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 6:27 p.m. Aye: (5). Nay: (0). Motion
carried.
The City Commission reconvened at 6:29 p.m.
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(8.4) Approval of the 2011 Sub-C.I.P.
Rod Franz, Director of Finance and Administration, summarized the program and noted
the Police Department Locker Room project was listed twice in the Building and Facilities
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Sub-C.I.P and would be amended to remove the duplication. Mr. Franz then responded to
Commissioner Jennings questions regarding the Bicentennial Center improvements.
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A discussion followed between Mayor Peck, Chris Curtis, Recreation Superintendent, and
Michael Fraser, Director of Public Works; regarding the Parks and Recreation and Flood
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Control requests.
Mr. Curtis then responded to Commissioner I -arson's and Mayor Peck's questions
regarding the ornamental fencing for Oakdale Park. .
City Manager Jason Gage commented on the park improvements and funding that is
through the alcohol tax.
Mr. Gage and Michael Fraser, Director of Public Works, responded to Commissioner
Larson's question regarding the traffic camera improvements. Mr. Gage then responded to
Commissioner Jennings question regarding the Smoky Hill master plan.
10-0369
Moved by Commissioner Angell, seconded by Commissioner Larson, to approve the 2011 Sub-
C.I.P with the amendment to the Building and Facilities sub-C.I.P. Aye: (5). Nay: (0). Motion
carried.
(8.5) Resolution No. 10-6787 authorizing an agreement with Saline County for prisoner housing
and dispatch services.
Rod Franz, Director of Finance and Administration, explained the current agreement and
funding.
10-0370 I Moved by Commissioner Jennings, seconded by Commissioner Arpke, to adopt Resolution No. 10-
6787. Aye: (5). Nay: (0). Motion carried.
(8.6) Award of contract for the Marymount Road Pavement Rehabilitation and Drainage
Improvements, Project No. 09-2783.
Jason Gage requested that item be moved to the end of the agenda.
(8.7) Approve Change Order No. 1 with Westar Energy for the - Landfill Facility Cell 5
Construction Project No. 09-2769.
Dan Stack, City Engineer, explained the project, cost estimate, and final cost.
10-0371 Moved by Commissioner Jennings, seconded by Commissioner Arpke, to approve Change Order
No. 1 with Westar Energy for the Landfill Facility Cell 5 Construction Project No. 09-2769 in the
amount of $2,947.69. Aye: (5). Nay: (0). Motion carried.
The Commission requested a five minute break at 6:02 and returned at 6:07 p.m.
(8.8) First reading Ordinance No. 10-10585 amending Chapter 8 of the Salina Code by adding
Article VII pertaining to toxic chemical remediation.
Gary Hobbic, Director of Community Development Services, summarized the proposed
regulations.
Mayor Peck commented on the need for the ordinance.
10-0372 Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt Ordinance No. 10-
10585 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.9) Request for executive session (legal).
10-0373 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 6:27 p.m. Aye: (5). Nay: (0). Motion
carried.
The City Commission reconvened at 6:29 p.m.
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OTHER BUSINESS
Commissioner Arpke noted that the ordinance regulating fireworks would be postponed
until the January 3ra meeting.
(8.6) Award of contract for the Marymount Road Pavement Rehabilitation and Drainage
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Improvements, Project No. 09-2783..
y Dan Stack, City Engineer, explained the project, bid received, and project funding.
A discussion followed between Mr. Stack, Commissioner Larson, and Jason Gage, City
Manager, regarding project phasing, street closing, and past improvements.
' 10-0374 Moved by Commissioner Larson, seconded by Conunissioner Angell to award the contract for the
Marymount Road Pavement Rehabilitation and Drainage Improvements, Project No. 09-2783 to
Bryant & Bryant Construction, Inc. in the amount of $1,078,232.11 with a 5% construction
contingency. Aye: (5). Nay: (0). Motion carried.
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10-0375 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 to discuss matters pertaining to the acquisition of real
estate for the reason that public discussion of the matter would adversely affect the City's position
in relation to acquisition of the real estate and reconvene at 7:13 p.m. Aye: (5). Nay: (0). Motion
carried.
The Commission recessed at 6:42 p.m. and reconvened at 8:12 p.m. No action was taken
ADJOURNMENT
10-0376 Moved by Commissioner Angell, seconded by Commissioner Arpke, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 8:12. _ 6.
[SEAL] Jon G. Peck, Mayor
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Lieu Ann Elsey, CMC, Ci Clerk
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