03-28-2011 Minutes11-0086
11-0087
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
March 28, 2011
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for Financial Updates. 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, Presiding Officer
Commissioner Samantha P. Angell
Commissioner Norman Jennings
Commissioner M. Luci Larson
Commissioner John K. Vanier
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
CTI'IZEN FORUM
None.
AWARDS AND PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of March 21, 2011.
(6.2) Award of contract for the 2011 Microsurfacing, Project No. 11-2851 to I3allou
Construction Company in the amount of $643,049.40, which includes a 5%
construction contingency.
(6.3) Resolution No. 11-6813 authorizing an agreement with Sunflower Insurance Group,
Inc. to provide insurance broker services.
Moved by Commissioner Vanier, seconded by Commissioner Jennings, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVI:LOPMEN'r BUSINESS
None.
ADMINIS'T'RATION
(8.1) First reading Ordinance No. 11-10596 establishing a water and wastewater system
multi-year capital improvements fund.
Rod Franz, Director of Finance and Administration, explained the state statute and
fund use. Mr. Franz also responded to Commissioner Vanier's question regarding
use of the fund for capital improvements, fund transfers, and minimum targeted
balance of the fund.
Moved by Commissioner Vanier, seconded by Commissioner Jennings, to pass Ordinance
No. 11-10596 on first reading. Aye: (5). Nay: (0). Motion carried.
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(8.2) Resolution No. 11-6812 initiating proceedings for street and intersection
improvements on East Magnolia Road.
Rod Franz, Director of Finance and Administration, explained the project,
estimates, and funding. Mr. Franz and City Manager Jason Gage responded to
z Commissioner Angell's question regarding the East Magnolia Bridge currently
located in Saline County.
Dan Stack, City Engineer, and Mr. Gage responded to Mayor Peck's question
regarding the traffic flow merging onto the bridge.
11-0088 Moved by Commissioner Angell, seconded by Commissioner Larson, to adopt Resolution
No. 11-6812. Aye: (5). Nay: (0). Motion carried.
(8.3) Approve a right-of-way acquisition agreement for the Fast Magnolia Road
Improvements, Project No. 10-2808.
Dan Stack, City Engineer, explained the project, proposals received, agreement, and
funding.
A discussion followed between Commissioner Angell, Mr. Stack, and City Attorney
Greg Bengtson regarding if there were any cost benefits of hiring the company for
the appraisal services and allow the City Attorney to do the negations. Mr.
Bengtson noted that the services would be outside of the contracted retainer
services and would be based on an hourly rate.
11-0089 Moved by Commissioner Larson, seconded by Commissioner Angell, to authorize a right-
of-way acquisition agreement for the East Magnolia Road Improvements, Project No. 10-
2808 to Land Company Real Estate Services, Inc. in the amount of $29,950. Aye: (5). Nay:
(0). Motion carried.
(8.4) Approve of the Design, Fabrication, Installation Agreement and the Agreement
with the Artist for the South Ninth Street Median Project (postponed from the
March 21, 2011 meeting).
Jason Gage, City Manager, explained the project, agreements, and past City
Commission action of approval of the agreement, reconsideration of the action to
approve the agreement, and postponement of the action.
A discussion followed between Commissioner Jennings and Mr. Gage regarding the
time lapse between when the artist selection and concept was approved in April
2010 and when the final agreements came back to the Commission for approval.
Commissioner Vanier noted that the Community Art and Design policy was
adopted in 2007, improvements were approved and authorized in 2009, the artist
selection and project concept was approved in 2010, and the artist agreements were
approved in March of 2011; he questioned what had changed in the project since
the first approval. Mr. Gage clarified that no changes were made, except the exact
location on South Ninth of the fixtures and the amended language in the agreement
that dealt with removal of the art.
Commissioner Angell asked when the amended contract was sent and accepted by
the artist. Brad Anderson and Karla Prickett (Arts and Ilumanities Commission)
clarified that the amended contract was e-mailed to they artist within three days of
y
the City Commission meeting, and the artist approved the changes tothe
agreement on March 19, 2011.
Don Timmel, 534 Upper Mill Heights, felt that art is a quality of life and is
important to the community. Iie expressed his support for the public art.
Robert Sprecker, 2129 I-lageman, felt that it was fiscally irresponsible to spend the
money during these economic constraints.
Kerry Ninemire, Albert Avenue, expressed his support of honoring the agreement.
Bill Murray, 2322 Melrose, felt that the Commission needed to reevaluate the
contract and where the art will be located.
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Jack Burbach, 917 Plaza Drive, felt that too much money is being spent on public art
and funds should be used for other infrastructure projects.
Martha Murchison, 758 Highland Avenue, commented on the current public art
within the city. She continued to express her support for public art and honoring
the contract.
Sid Meyers, 114 W. Hillside Terrace, expressed his opposition and felt the money
should be spent somewhere else.
Mark Troyer, 534 Winn Road, felt that art was important to the community and
expressed his support for it.
John Blanchard 2530 Edward, felt that the policy should be reevaluated; but felt that
the Commission should honor the agreement already made.
David Norlin, 608 E. Republic Avenue, commented that there is currently no public
art on the south side of the city. He felt that this was a long term investment and
supported the project.
Brigid Hall, 231 Fairdale, asked the Commission to honor the agreement. She felt
that public art was an economic investment to the community.
Dixie Haddock, 1931 Rolling Hills, asked the commission to void the contract, like
to see Salina do more traditional art.
Dick Godfrey, 2234 Kensington, stated that he like art and that people knew what
the artwork in Wichita was. He opposed the agreement and wants the funds to be
used for other projects.
Karen Black, 321 E. Ellsworth, said that the city has been a good partner with the
arts and urged the Commission to continue that. She expressed her support for the
contract.
Wayne Montgomery, 2308 Village Lane, commented on the image art gives the
community and the Commission faced an ethical question in honoring the
agreement. Mr. Montgomery noted the selection of Salina by Business Week as a
best place to raise your children.
Don Wittman, 317 E. Prescott, felt that more citizens would benefit if the funds were
used for other projects.
Brad Anderson, 636 E. Iron, thanked the Commission for their consideration of the
agreement and support to the CAD policy. Mr. Anderson proposed the following
1) the Commission approve the contract and honor the city's obligation; 2) the CAI)
committee will not pursue any new CIP projects for the coming year and CAD
committee will present a project annual plan for review by the City Manager and
for approval by the City Commission in February of each year, 3) the CAD
Committee and Arts and Humanities staff will focus on implementing a public
awareness and education program.
Jean Smith, 528 E. Republic, expressed her opposition of the project during these
economic times.
Ernie Vinson, 2633 Key Avenue, expressed his opposition of public art and felt that
the funds should be used for other projects.
Sandy Wedel, 209 Greenway, felt that art offered visual simulation for personal and
civic growth and the tax revenue generated by public art.
Mr. Anderson clarified that the CAD policy is available on the City's website and all
of the CAD meetings have been listed in the newspaper and City's website and are
open to the public.
Mr. Gage clarified some points of the policy and selection of committee members
for the CAD Committee and the Arts and Humanities Commissions.
Commissioner Angell commented that because the artist has accepted the
agreement she felt that the contract needed to be honored; however, she may have
thought differently if it was in a different stage of the process.
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11-0091
11-0092
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Commissioner Larson explained her hesitation of the contract that dealt with the
ownership and removal of the pieces. She continued to express that this was a
community investment and the importance of acting ethically and with integrity by
honoring the contract. Commissioner Larson also expressed the need to have a
stronger partnership with the media and citizen involvement.
Moved by Commissioner Vanier, seconded by Commissioner Angell, to amend the
original motion made on March 14, 2011 to approve the "original" Design, Fabrication,
Installation Agreement and the "amended" Agreement with the Artist. Aye: (5). Nay: (0).
Motion carried.
Mayor Peck called the question on the amended March 14, 2011 motion. Aye: (5). Nay:
(0). Motion carried.
(8.5) Request for executive session (personnel).
Moved by Commissioner Angell, seconded by Commissioner Vanier, to recess into
executive session for 20 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 5:40 p.m.
The City Commission recessed at 5:10 p.m. and reconvened at 6:04 p.m. No action
was taken.
OTHER BUSINESS
None.
ADJOURNMENT
Moved by Commissioner Vanier, seconded by Commissioner Larson, that the regular
meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (1) Jennings.
Motion carried. The meeting adjourned at 6:04 p.m.
[SEAL]
ATTEST:
qlv
Lieu Ann Elsey, CMCIIAT,
Clerk
Samant a P. ngell, Vice- Mayor
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