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04-16-2012 Minutes1 1 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 16, 2012 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Open Forum. The W 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 Samantha P. Angell, Presiding Officer Commissioner Kaye J. Crawford Commissioner Aaron Householter 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 Pastor Williams Salmon, 744 S. Tenth, thanked the Commission on how they handled the sexual orientation and gender identity issue. Pastor Salmon continued to state that it was handled with courtesy and respect. Tracey Sin, 229 S. 2nd, thanked Commissioner Householter for pushing the sexual orientation and gender identity issue onto the City Commission agenda. AWARDS AND PROCLAMATIONS (4.1) The week of April 16 - 21, 2012 as "National Volunteer Week" in the city of Salina. Clay Thompson, Coordinator/ Advisory Council Member of Serving Salina Together/The Volunteer Connection, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4344, filed by Brandon and Jennifer Gray, requesting the vacation of portions of platted utility easements in Lot 1, Block 3 in the Twin Oaks II Subdivision. Mayor Angell opened the public hearing. Dean Andrew, Director of Planning, explained the request, utilities located within the easement and objections to the vacation. There being no further comments the public hearing was closed. 12-0073 Moved by Commissioner Jennings, seconded by Commissioner Crawford, to deny Petition No. 4344. Aye: (5). Nay: (0). Motion carried. (5.2) Public hearing and report on Petition No. 4340, filed by Jeffrey and Joseph Minneman, requesting the vacation of a portion of West Grand Avenue right-of-way that abuts the north line of Lot 2, Block 3 of the North Park Addition. Mayor Angell opened the public hearing. Dean Andrew, Director of Planning, explained the request, utilities located within the right- of-way, objections to the vacation, and future streetscape projects. Commissioner Crawford commented on the future landscaping projects. There being no further comments the public hearing was closed. 12-0074 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to deny Petition No. 4340. Aye: (5). Nay: (0). Motion carried. ' CONSENT AGENDA (6.1) Approve the minutes of April 9, 2012. (6.2) Authorize a Construction Observation Services Agreement with Schwab Eaton for the Water Tower Maintenance (Project No. 11-2887) in an amount not to exceed $59,150. Page 1 (6.3) Resolution No. 12-6898 authorizing Addendum No. 1 to the license agreement with the Salina Area Chamber of Commerce for placement and display of original sculptures within the public right-of-way. 12-0075 Moved by Commissioner Householter, seconded by Commissioner Jennings, to approve the Z consent agenda as presented. Aye: (5). Nay: (0). Motion carried. a LU m DEVELOPMENT BUSINESS 0 None. C v ADMINISTRATION (8.1) First reading Ordinance No. 12-10635 amending Chapter 41, Article II, Division 1, Sections 41-28 and 41-29 of the Salina Code pertaining to water taps and charges and maintenance of service lines. Martha Tasker, Director of Utilities, explained the proposed ordinance. 12-0076 Moved by Commissioner Shirley, seconded by Commissioner Householter, to pass Ordinance No. 12-10635 on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 12-6897 authorizing an economic development grant agreement with Exide Technologies. Jason Gage, City Manager, explained the request, economic impact, and the Salina Economic Development Incentives Council's recommendation. Mr. Gage then responded to Mayor Angell's question regarding the economic development fund. 12-0077 Moved by Commissioner Householter, seconded by Commissioner Shirley, to adopt Resolution No. 12-6897. Aye: (5). Nay: (0). Motion carried. (8.3) Request to set the meeting date to formally consider the requested amendments to Chapter 13 of the Salina Code from the North Central Chapter of the Kansas Equality Coalition to include the protected classes of "sexual orientation" and "gender identity." Gina McDonald, Director of Human Relations, explained the request, .public forums conducted, and Human Relations Commissions recommendation. Tracey Sinn, 229 S. 2nd, stated that businesses would be boycotted if they did not support the ordinance. Jason Gage, City Manager, and Ms. McDonald commented on the location change for the May 14, 2012 meeting, which will be held at the Salina Community Theater. Larry Bunker, 821 Highland Avenue, questioned the Human Relations Commission s concerned regarding the purchasing policy from companies that would not comply with the change. A discussion followed between Commission Shirley and Mr. Gage regarding the City's purchasing policy and how other communities dealt with the purchasing provisions. Gary Swartzendruber, 528 S. College, commented on House Bill 2260 and his concerns that it would preempt local ordinances. Mr. Swartzendruber also encouraged the City Commission to pass a resolution expressing their support of local control and not having it taken away from the state. A discussion followed between Mr. Gage and Commissioner Crawford regarding Home Rule authority. 12-0078 Moved by Commissioner Crawford, seconded by Commissioner Householter, to add the item to the May 14, 2012 agenda. Aye: (4). Nay: (1) Angell. Motion carried. (8.4) First reading Ordinance No. 12-10636 amending Chapter 42, Article XI, Section 42-552 of the Salina Code pertaining to off-street parking. (8.4a) Declare an emergency exists for second reading on the same day. (8.4b) Second reading Ordinance No. 12-10636. Dean Andrew, Director of Planning, explained the proposed amendment. Jason Gage, City Manager, asked the City Commission for permission to continue to review the regulations on gravel parking. There was a consensus with the governing body for him to do so. Page 2 12-0079 Moved by Commissioner Jennings, seconded by Commissioner Shirley, to pass Ordinance No. 12- 10636 on first reading. Aye: (5). Nay: (0). Motion carried. 12-0080 Moved by Commissioner Jennings, seconded by Commissioner Householter, to declare an In emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried. Z 12-0081 Moved by Commissioner Jennings, seconded by Commissioner Householter, to adopt Ordinance No. 12-10636 on second reading. A roll call vote was taken. Aye: (5) Crawford, Householter, Jennings, Shirley, Angell. Nay: (0). Motion carried. N C O U OTHER BUSINESS (9.1) Comments from Mayor Angell at the end of her Mayoral term. Mayor Angell thanked her husband, children, and parents for their support. She continued to thank her law partner and staff, the City of Salina executive staff members, partnering agencies, Jason Gage, Mike Schrage, Greg Bengtson, Holly McKain, and Lieu Ann' Elsey. Mayor Angell thanked Commissioner Jennings for being there and serving with her; they were both elected to the Commission the same year. ORGANIZATIONAL MEETING (CITY CLERK PRESIDING) (10.1) Organizational meeting was called to order by the City Clerk and roll call taken. There were present: Commissioner Samantha P. Angell, Commissioner Kaye J. Crawford, Commissioner Aaron Householter, Commissioner Norman Jennings, Commissioner Barb Shirley (10.2) Nominations for Mayor and Chair of the Board of Commissioners. 12-0082 Moved by Commissioner Shirley, seconded by Commissioner Householter, to nominate Norman Jennings as Mayor and Chair of the Board of Commissioners. Aye: (5). Nay: (0). Motion carried. (10.3) Nominations for Acting Mayor and Vice Chair of the Board of Commissioners. 12-0083 Moved by Commissioner Householter, seconded by Commissioner Jennings, to nominate Barb Shirley as Acting Mayor and Vice -Chair of the Board of Commissioners. Aye: (5). Nay: (0). Motion carried. (10.4) City Clerk turned the gavel over to the New Mayor. (10.5) Mayor Jennings presented a "Plaque of Appreciation" and gavel to Samantha P. Angell for her term as Mayor. He thanked Commissioner Angell for her serves and that she has done a wonderful job as Mayor and Commissioner. (10.6) New Mayor comments. Mayor Jennings commented that he has lived in other communities; returning back to Salina he realized how much he loves the community. Mayor Jennings continued to state that he will serve to the best to his ability and looks forward to serving as Mayor. He thanked his family and friends for their support and the City staff that work hard behind the scenes. It has been a pleasure serving along side the Commissioners. ADJOURNMENT 12-0084 Moved by Commissioner Householter, seconded by Commissioner Shirley, that the regular meeting of the Board om f City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:51 p.m. [SEAL] Norman M. Jennings, Mayor TTTS Lieu Ann Elsey, CNIg, City Clerk Page. 3