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04-04-2011 Minutes11-0094 11-0095 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 4, 2011 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for an Economic Development Report. 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: Vice -Mayor Samantha P. Angell, Presiding Officer 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 Absent: Mayor Aaron G. Peck CITTZFN FORUM Marie Johnson, 238 S. 10th Street, asked that the meetings be changed to a later time. AWARDS AND PROCLAMATIONS (4.1) The month of April 2011 as "Alcohol Awareness Month" in the city of Salina. [)on Greene, Recovery Coach with Central Kansas Foundation, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIMI: None. CONST?Nh AGENDA (6.1) Approve the minutes of March 28, 2011. (6.2) Authorize staff to acquire the necessary easements and right-of-way for the Marymount Road Pavement Rehabilitation and Drainage Improvements, Project No. 09-2783. (6.3) Set April 11, 2011 as the hearing date for an appeal of the Planning Commission's conditions of approval on Conditional Use Application #CU09-1 filed by I3FR Metals. Moved by Commissioner Vanier, seconded by Commissioner Larson, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DI;VFLOPMI NT BUSINESS (7.1) Application #SP10-1, filed by Dolan Realty Advisors on behalf of Verizon Wireless, requesting approval of a Special Permit (Class C) to allow construction of a monopole communication tower that does not meet minimum tower setback requirements in a C- 6 zoning district. Dean Andrew, Director of Planning, explained the request, modified site plan, and landscaping requirements. Moved by Commissioner Jennings, seconded by Commissioner Vanier, to approve the amended Application #SP10-1 requesting a Special Permit to construct an 80 -foot monopole communications tower at 1429 N. 91h and a waiver of the landscaping; requirement in subsection 10 as the installation of screening around the compound would serve no effective purpose at this location. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 11-10596 establishing a water and wastewater system multi-year capital improvement fund. I'a,,c 1 Vice -Mayor Angell noted that Ordinance No. 11-10596 was passed on first reading on March 28, 2011 and since that time no comments have been received. 11-0096 Moved by Commissioner Jennings, seconded by Commissioner Vanier, to adopt Ordinance No. 11-10596 on second reading. A role call vote was taken. Aye: (4) Jennings, Larson, Vanier, Angell. Nay: (0). Motion carried. (8.2) Authorize an agreement with Kansas Department of Transportation for City Connecting Link resurfacing project. Dan Stack, City Engineer, explained the project and funding. A discussion followed between Vice -Mayor Angell, Mr. Stack and City Attorney Greg Bengtson regarding- the project timeline. 11-0097 Moved by Commissioner Vanier, seconded by Commissioner Jennings, to authorize the agreement with Kansas Department of Transportation for the City Connecting Link (KLINK 1 R) resurfacing project. Aye: (4). Nay: (0). Motion carried. (8.3) Resolution No. 11-6814 approving the Smoky Bill River Renewal Master Plan and providing guidance on the recommended follow up actions items. Martha Tasker, Director of Utilities, summarized the plan and action items. Ms. "Tasker then responded to Commissioner Vanier's question regarding the amount of staff resources that would be needed. Vice -Mayor Angell felt that section one of the proposed resolution needed to be clarified. Vice -Mayor Angell also questioned the cost of acquiring the water rights. Ms. 'Tasker responded. A discussion followed between the City Commission on adding the project to the C.1.P. as identified and unfunded. Angell and Jennings did not feel that it should be added and Larson and Vanier felt that it needed to be included. Michael Schrage, Deputy City Manager, explained the identified and unfunded was projects that have been recognized as potential future project, but the funding source has not been identified or unavailable at the time. lie reminded the Commission that even though the project is added to the C.I.P., they would be required to approve the funding and the expenses for the project if the project moved forward. Ms. 'Tasker gave examples of projects. A discussion followed between Commissioner Jennings, Mr. Schrage, Ms. 'Tasker, and City Engineer Dan Stack on private and public funding of the project and improvements to Greeley Bridge. Bill Erickson, 2722 Highland, felt that the plan should not be considered by the Commission after being defeated by the electors. Dale Martinitz, 206 S. Estates, approved in enhancing the river; however, was not in favor of the design. He commented that there needed to be more flow through the river. Mike Wilson, 422 Jupiter, requested that the resolution be tabled until the new City Commission was elected. He questioned the profitability of the project. Marie Johnson, 238 S. 101h Street, felt that the Commissioners should respect die electors' decision. Phyll Klima, Salina Downtown Inc., expressed her support of approving the plan. She noted that the improvements were not going to happen in the present time, but the plan would be used as guide for the future. Mr. Martiniz commented that water shall flow its natural course. Mr. Erickson commented the need to use resources to bring in new jobs. 11-0098 Moved by Commissioner Vanier, seconded by Commissioner I.arson, to adopt Resolution No. 11-6814. Aye: (2). Nay: (2). Motion failed. Page 2 19KH j DA 11-1100 (8.4) Request for executive session (legal). Moved by Commissioner Vanier, seconded by Commissioner Jennings, to recess into executive session for 10 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 4:58 p.m. Aye: (4). Nay: (0). Motion carried. O'niER 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: (0). Motion carried. "I'he meeting adjourned at 4:59 p.m. [SEAL] L] ATTFST: Yt� Lieu nn Elsey, CMC, Cit��hj k A ron G. Yeck, Mayor Page I