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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. A 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. Page 1 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. re (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. Page 2 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. Page 2 n L 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. Page 3 (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. Page 4 (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 tO 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. a w A discussion followed between Mayor Peck, Chris Curtis, Recreation Superintendent, and Michael Fraser, Director of Public Works; regarding the Parks and Recreation and Flood a 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. Page 4 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 w 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. J 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 ATTEs,r: {Gv�� Lieu Ann Elsey, CMC, Ci Clerk Page 5