07-25-2011 Minutes1
1
1.1.-1.1.87
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 25, 2011
4:00 p.m:
The City Commission convened at 2:30 p.m. in a'Study Session on Budget Issues and Options.
The Regular Meeting of tlie, Board of Comnussioners was called to order at 4:00 p.m. in Room
1.07, City?County Building. A roll call was,taken followed by the Pledge of Allegiance and a
moment of silence. ;
There were present:
Mayor Samantha P. Angell, Presidiiig.Officer
Commissioner Kaye J. Crawford
Commissioner Aaron Houseliolter.
Commissioner Norman Jennings
Commissioner Barb Shirley.
comprising a quorum .of the Board, also present:
Jason A. Gage, City. Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk, ;
CITIZEN FORUM
None.
AWARDS AND PROCLAMATIONS
(4.1) Presentation of the Patriot Award to :Martha 'l.'asker, Director of Utilities.
a-Ierbie Sullivan, I mployer Support of the Guard Reserve, explained and presented the
Patriot Award..
Ms. Tasker expressed her appreciation...
PUBLIC HEARINGS AND ITEMS SCHEDUI„P1311?OR A CERTAIN TIMI:
(5.1.) Public hearing on, an. appeal (filed by terry Criss on behalf of 13FR Metals) on the
conditions of approval applicable,: to. Application #CU0971. requesting; approval of a.
Conditional Use Permit to allow the,.expansion of an auto salvage yard in an I-2 district.
Commissioner Householter and Mayor Arigell -recused , thernselves due to conflict of
interest:
'Vice -Mayor Jennings assumed the, chair. -
Vice -Mayor Jennings opened the, public Ilcaring..
Dean Andrew,. Director of Planning, explained the application request, use of Clherry
Street, Planning Commission findings and recommendations.
Greg; Bengtson, City Attorney, summarized his role in assisting the I'laniiing
Commission.
Terry Criss, Attorriey representing the applicant, commented on the proposed findings,
that the Planning; Commission took action t1lat they have no authority to do so, and the
original site plan and application requesting the use of the Cherry Street gate. Mr. Criss
,,noted that thePlanningCommission could,have putthe conditions on the permit when
it was originally, approved arid. not two. years later. He continued to emphasis the
`constraints. that the additional conditions would. put on the business.
Moved by Commissioner Crawford, seconded , by Commissioner Shirley, to recess into
executive session for ten minutes to discuss with legal counsel matters to the attorney-client
privilege for the.reason that'public discussion of those maters would waive the privilege and
adversely affect the City's interest in the 'matters and discuss their quasi-judicial role as
commissioners in this matter and reconvene at 4:35 p,m. Aye: (3)._ Nay: (0). Abstained: (2)
Angell, Flouseholter. Motion carried.
The City Commission reconvened at 4:37 p.m.
Y a"c 1
Mr. Bengtson commented .on the Planning_ Commission's findings, viewing die prior
meeting video, and him .advising the. Planning Commission on their role of
original. action. Mr. Bengtson also clarified that the City
determining: the intent of the
Commission now had full discr etion. on the matter. '
EdHoryna'13261N State Street, expressed his concerris.of the street and that it was
not adequate for. heavy trucks
There being no further comments Vice -Mayor Jen Ings closed the public hearing.
1.1.-188 Moved by Commissioner Shirley, .seconded by a Commissioner Crawford, to accept the
finding and sustain the decision of. the Planning Commission relating; to BLUR Metals'
Conditional Use Permit. Aye: (3). Nay: (0).' Abstained: Angell, Flouseholter. Motion carried.
Mayor Angell and Commissioner Householter returned.
Mayor Angell resumed the chair.
CONSENT AGENDA
(6.1) Approve the minutes of July 18, 2011.
(6.2) Award of contract for the 2011 Levee 1 -like and Bike 'frail' Improvements, Project No.
1.1-2882 (Iron Avenue to North. Street) and to perform additional levee trail work
between Bill.Burke Park and Iron Avenue to T&R Dirt Construction for the budgeted
amount of $35,556.
(6.3) Approval of the Key Acres Water. Tower logo "VisitSalina.org;, Right place. Right
Reason. Right,now." to allow Visit Salina to make payments over a two year period for.
the cost of painting the logo.-
11.-11.89 Moved by Commissioner I.Iou.seholter,`seconded by. Commissioner Jennings, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DI:vrLOPMEW BUSINESS
None.
ADMINISTRATION
(8.1) Second reading Ordinance No. 11-1.061.0 levying -special assessments to pay the cost of
repair of sidewalks.
Mayor Angell noted that Ordinance :No: 11.-1.0610.was passed on first reading on July
.18,. 2011 and since that time no comments.have. been received.
11-1.190. Moved by Commissioner Jennings, seconded; by Commissioner Shirley; to adopt Ordinance.
No. 11-1.0610 on second reading. A role call.vote was taken. Aye: (5) Crawford., I=louseholter,
Jennings, Shirley, Angell. Nay: (0). Motion carried.
(8.2) First reading Ordinance No. 11=1061;1 amending Section 38=1. of the Salina Code by
adopting the 2011 Standard Traffic Ordinance.
.2a) Declare an emergency exists for second reading on the same day.
(8.2b) Second reading Ordinance No. 1.1-1.0611.
Jennifer Wyatt, City Prosecutor, explained the STO and local amendments.
Michael Schrage, Deputy City Manager, explained the local amendment regarding the
golf carts.
A discussion followed between Commission Crawford and Mr. Schrage regarding golf
carts traveling; on the streets.
1.1.-1.1.91 Moved by Commissioner Jennings, seconded by Commissioner 1-louseholter, to pass
Ordinance No. 11-1.0611 on first reading. Aye: (5). Nay: (0). Motion carried.
11-1192 Moved by Commissioner Jennings, seconded by Commissioner Il:ouseholter, to declare an
emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried.
1'age 2 !,
11-1.193 Moved by Commissioner Jennings, seconded., by Commissioner Shirley, to adopt Ordinance
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No. 1.1.-10611 on second reading.. A, role call vote was taken. Aye-.. (5) Crawford, . ousehol tet-,
Jennings, Shirley, Angell. Nay: (0). "Motion carried.
(8.3) Resolution No. 11-6843 authorizing' an agreement with Saline County and Kaw Valley
" W
Engineering, Inc. for the purpose of surveying Oakdale.Park:
Dan Stack, City Engineer; explained the agreement.
CommissioneiHouseholter questioned the fees or 'Exhibit A. Mr. Stack responded and
clarified. the funding ofthe agreement ...,
A .discussion followed between ,Mayor. :Angell and City Attorney Greg Bengtson
regarding the court filing. .
11_-11.94
Moved by Commissioner. Jennings; 1,seconded' by Commissioner Shirley, to Resolution No. 11-
"
6£343.,:Ave: (5). Nay: (0): Motion,carned:'
(8.4)' Ratifying the decision from: thcjuly 18 2011. meeting in relation to the 2011 Concrete
itl6biat on;:Project No 11-2853.Paveme
Dan Stack, City Engineer; explained.. the past commission action and extension of the
project.
1.1-11.95
Moved by Commissioner Jennings, seconded by Commissioner 1l0useholter, to award the
2011. Concrete Pavement Rehabilitation contract to Pavers,. Inc. and extend the unit rates to the
budgeted amount of $250,000, .which includes a 5% in order .to complete more work on
Belmont Boulevard (Reed Avenue to 1 artlia.nd Avenue). Aye: (5). Nay: (0). Motion carried.
(8.5) " Request for executive session (legal ,and personnel):
11-1196
Moved by Commissioner Jennings,. seconded by Commissioner Shirley, to recess into
executive: session for 45 minutes to discuss with legal"counsel"matters subject to the attoirncy-
.
- discii sion of diose matters would waive the
client privilege for the _reason that public
privilege "and adversely "affect the CityS . infc rest in ,the matters and 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 5:50 p:m , Ay,.e:' (5). Nay: (0). Motion carried.
The City Commissionrecessed at•5:05.p. ' and reconvened at 7:09 p.m.
O'I'IIER BUSINESS
None.
ADJOURNMENT
1.1.-11.97
Moved_ by Commissioner Householter, seconded by Commissioner Jennings, that the regular
meeting�of the Board of`City Commissioners be. a,djourned. Aye: (5). Nay: (0). Motion carried.
rhe meeting adjourned at 7:09 p.m. ,
[SFAI,] Samara ia I'. A g"ell, Ytayor
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