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09-12-2011 MinutesL' 1 1 1.1-1.232 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 12, 2011 4:00 p.m. The City Commission convened.at 3:45 p.m. in a Study Session fol- a Citizens' Open Forum. 'hhe Regular Meeting of the Board of Cornm ssioners` was calked to orcier• at 4:00 p.m. in Room 107, City -County Building. Aroll call was taken followed by the ['I.edge of Allegiance and a moment of. silence. 'There were present: .Mayor Samantha P. Angell, Presiding Officer Commissioner .Kaye. J. Crawford ,Commissioner baron .Fl.ouseholter;, COn)m.issioner Norman Jennings` Commissioner 13arb Shirley comprising a quorum of.the Board; also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk CITIZEN FoIZUM Alan Jilka, 847' S. Ninth;: com.iri.ented o;n the out of business license, regulation to protect the public, and thenew'owners of. Norris Furniture being in N,iolation of- the ordinance. Jason Gage, City .Manager, and. Greg Bengtson, City Attorney, cornmenteci on the existi.rig regulations. AWARDS AND PROCLAMATIONS (4.1) The month of. September 2011. as ".Childhood Cancer Awareness Month" in the city of Salina. Allison Krone read,the. proclamation and...Fle,idi ;I,"eyerherm announceci upcoming events. 1 (4.2) The month.of September 2011. as "National Recovery Month" in the city of. Salina. Don Greene thanked the'City of Salina for their support and. read the proclamation. Punic H.I AR'INGS AND ITEMS SCHEDULED. FOR A CERTAIN TIME None. CON;SEN'r AG't?NDA (6.1) Approve the minutes of. August 22, 201.1. (6.2) Resolution No. 1.1-6850 appointing merribers to various boards and- comrnissions. (6.3) Resolution No. 11-6851. authorizing an agreement with the Kansas Department of 'Transportation to install high mast lighting at the 171.35/Watei- Well load interchange. (6.4) Authorize the City Manager to sign the request from. the .Kansas Department of '.1'ransportation to exchange federal funds .for the .Fast Magnolia Improvements, Project No. 1.0-2808. (6.5) :Resolution No. 1.1-6849 express iig' gratitude a,nd appreciation to P.obert f.;. Andreasen for his employment from April 16,1986 to September- 1.5, 2011. (6.6) Authorize staff to submit the Landfill Master Plan to the Kansas Qepartrnent of Health anal, Environment (KDIJE) for. approval. Moved by Cominissioner Jennings, seconded by Commissiori.er 1-touseholter, to approve the consent agenda as presented. 'Aye: (5). Nay: (0). Motion. carried. t2 Z W N I � C U 1 1.1.=1.233 11-1.234 11.-1.235 1.1.-1236 DI.vI I.oI,,m N,r BUSINESS (7.1.) Application. #PDD 11.-3 (filed by Jones Gillam Renz on behalf of USI) 41305) requesting approval of a preliminary development plan and a change in zoning district classification from.C-1,(Restricted I3usiness), M1 -I -P (Manufact-ured Home Park) and:C-3 (Shopping Center) c6 PIED (Planned Development District) to create a campus fora USD #305 Operation.. C=enter. (7.1a) First reading Ordinance No 1.1.=1.061.8. Dean Andrew, Director of.:Plann»ng, explained the request, development and site plans and the.* Planning Coirnmissi.on's recommendation and conditions for approval. Mr. Andrew then responded to Com:missiorier Householter's questions regarding sidewalks and property ownership; Mr. Andrew. also responded to Commissioner Crawford's question regarding the.effect it.would have on the traffic flow. Moved by Commissioner Jennings, seconded by Commission er Shirley, to Pass Ordinance No. 1.1-1.0618 on first reading. Aye: (5). Nay: (0). Motion carried.. AiwINISIRATION (8.1.) Second'reading Ordinance No. 1.1.-1.061.5 changing the zoning district classification from R-3 (Multi -Family Residential) to :1:-2 (Hight Industrial) on property located in Lot 1., Block 1., Lakewood School Addition. Mayor Angell noted that Ordi.n.ance No. 1.1-10615 was passed on first reading on .August 22,2011. and since that time bio comments have been received.. Moved by Commissioner. Shirley; seconded ' by Commissioner 1-louseholter, to adopt Or.di.na:nce No. 11-10615 on second reading.. A roll call vote -was taken. Aye: (5) Craw.f.orcl, I,Iouseholter, Jennings, Shirley, Angell.Nay:,(()). M��tion carried. (8.2) Second reading. Ordinance.No. 11-1061.6 changing the zoning district classification from 1-2 (Light Industrial) to R-3_(M.ulti-family Residential) on property located in Block 7 of. the Lakewood Addition. :Mayor Angell noted that Ordinance No. 1.1-1.061.6 was passed- on first reading on August 22, 2011. and since that time no cornments have been received Moved by Commissioner Shirley, seconded by Conon ssi.oner JenninZ7s, to adopt Ordinance No. 11-1.0616 on second reading. A roll call vote was taken. Aye: (5) Crawford, 1-iou.sehotter,.Jennings, Shirley, Angell.-. Nay: (0). Motion carried. (8.3) Authorize theputchase of a riew fire engine and consider reconrimendations on the reserve fire engine fleet. . Chief Larry Mullikin summarized the bids received; current reserve fleet, purchases of a new and used. truck, funding, future reserve fleet, and disposition of the existing truck. A discussion followed between Mayor Angell, Chief. Mullikin, and, Battalion Chief David ].'Urner regarding the condition of the used fire engine. Commissioner-Iouseholter praised. staff on looking into different options and cost savings. Moved by Commissioner 1=louseholteir, secorided by Codi- iinissioner Shirley, to approve Hie purchase of a new fire truck from Alexis hire Equipment in the amount of S418,529, the 1.981 :Pi.erce fire truck (Unit 425) to be placedfor disposal or auction, the purchase of a 1.992 Pierce Dash fire truck .from the City of Leawood, and the donation of the 1981 :fierce fire truck (Unit 424 to. Crisis City when the 1.992 Pierce Dash is priced into sen -'Vice. Aye: (5). Nay: (0). Motion carried. (8.4) ..First reading Ordinance No. 11-10.617 amending Sections 5-66 and 5-91 of the Salida Code providing for the issuance of, a Special Event Retailers' Permit. Pa()e 2 N z w N U 1.1-1.2391 1.1.-12401 11-12421 1 (8.4b) Declare an emergency exists foi second reading on the same day. (8.4c) Second reading Ordinance No.. 1171.061.7.. (8.4d) Resolution No. 11-6852 establishing .a .fee for a Special Event Retailers' Permit. Michael Schrage, Deputy City Manager, summarized the future special events permit, special event retailers' .permit for .cereal malt beverages, state statutes and proposed .fee. Mr. Schr.age thenresponded,to 'Mayor Angell and Commissioner Shirley's questions regarding Sunday _sells, and wlio' would hold the license for organizations. A discussion followed between City Attorney Greg 13engtsoii, :Mayor Angel, Mr. Schrage, and Commissioner Jennings regarding the number of tiri-ies a permit could be applied for and the duration of: the permit. Moved by Cominissioner Jennings, seconded . by Commissioner :1-louseholter; to pass ,Ordirnance.No. 11-10617 on first reading as amended. nye: (5). Nay: (0). Motion carried. Moved .by Commissioner, Jennings, seconded, by Commissioner Shirley, to declare an emei gcl�cy exists for second reading on. the same day. Aye: (5). Nay; (0). Motion carried. Moved by Commissioner. Jennings,. seconded by Commissioner Slhirley, to adopt Ordinance No. 1.1.-10617 on second reading. A roll call vote was taken_ Aye: (5) Crawford, Householter, Jennings, Shirley, Angell. Nay: (0). Motion carried. Moved by Ccimmissioner Jennings, seconded by Commissioner1 ouseholtcr, to adopt Resolution No. 1.1-6852. ,Aye: (5). Nay: (0). Motion carried. (8.5) Request for executive session. (personnel). Moved by Conunissioner Jennings, seconded .by. Commrssionc:r Shirley, ;to recess into executive session for 15 minutes for the purpose of discussing matters pertaining to non- elected City personnel for the reason thatpublic discussion_ of the,..matter would violate the privacy rights of the non -elected personnel involved; and reconvene at 5:17 p.m. Aye: (5). Nay: (0). Motion. carried. 0111mN BUSINESS 'None. AI)j OURNMEAT .Moved by Commissioner Jennings, seconded by Commissioner 1-lousehol.ter, that the regular. meeting of the Board of City :Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried.. The meeting adjourned at 5:17 p.m. SSI Al:,� Sarnantha.P. Angell, Mayor N Z W LJI 1 WAIVER AND CONSENT 'rO HOLD A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being duly elected, qualified and acting City: Commissioners of the City of Salina, Kansas, and constituting a majority of the Board of Commissioners of the City of Salina, Kansas, do hereby waive notice and consent to the holding of a special meeting of the Board of Commissioners of the City of Salina, Kansas, on the 30th day of August, 2010 at 4:30 p.m. in Room 107 of the City -County Building for: 1. Second reading of Ordinance No. 10-10563. 2. Change Order No. 1 for the Pacific Avenue Improvements, Project No. 05-1528. 3. Change Order for the Landfill Cell 5 Construction, Project No. 09-2769. Dated this 30th day of August. i Aargn Peck, Mayor _JANi Samantha Angyl, Vice -Mayor pp Tom Arpke, Cormilissionef Orman Jenning' , Commissioner M.1----"auci Lon, Commissioner