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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. Pagc 1 (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. Pagc 2 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. Pagc 3 11-0091 11-0092 11-0093 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 Page 4