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05-07-2012 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 7, 2012 4:00 p.m. N W The City Commission convened at 2:30 p.m. in a Study Session on Bicentennial Center C.I.P. 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 N Allegiance and a moment of silence. 0 There were present: Mayor Norman M. Jennings, Presiding Officer Commissioner Samantha P. Angell Commissioner Kaye J. Crawford Commissioner Aaron Householter Absent: 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 Jerry Brown, 1215 Meyer Drive, expressed his concerns regarding the amount of time that is allowed for pedestrian crossings. AWARDS AND PROCLAMATIONS (4.1) The month of May 2012 as "Lupus Awareness Month" in the city of Salina. Karen Humphries, Lupus Support Group Coordinator, read the proclamation' and announced upcoming events. (4.2) The week of May 6 - 12, 2012 as "National Nurses Week" in the city of Salina. Dr. Janice Spikes, Ph.D., RN, Professor of Nursing at Kansas Wesleyan University, read the proclamation and announced upcoming events. (4.3) The week of May 5-13, 2012 as "Travel and Tourism Week" in the city of Salina. Sylvia Rice, Visit Salina Director, Kathy Tolbert, Director of Rolling Hills Wildlife Adventure, and Michael Brungardt, General Manager of Candlewood Suites, read the proclamation and announced upcoming events. (4.4) The day of May 15, 2012 as "Peace Officers' Memorial Day" and the week of May 13 - 19, 2012 as "National Police Week" in the city of Salina. Officer Chad Burr read the proclamation and announced upcoming events. (4.5) Acceptance of Phase 3 of the Greater Salina Community Foundation Nutrition and Physical Activity grant for the Levee Hike and Bike Trail, Project No. 12-2915. Melanie Terrill, Great Salina Community Foundation board member, explained the grant and presented a check to the City Commission in the amount of $32,000. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public comment regarding the proposed use of the 2012 Edward Byrne Memorial Justice Assistance Grant program funds. Mayor Jennings opened the public hearing. Chief James Hill explained the program, use of the funds to purchase mobile cameras, and the agreement with Saline County. There being no further comments the public hearing was closed. Page 1 1 1 1 12-0093 Moved by Commissioner Crawford, seconded by Commissioner Angell, to authorize the Mayor to sign the memorandum of understanding and the electronic submittal of the JAG program grant application and the acquisition of four WatchGuard brand digital, mobile N cameras. Aye: (4). Nay: (0). Motion carried. W CONSENT AGENDA (6.1) Approve the minutes of April 23, 2012. (6.2) Authorize purchase of the Programmable Logic Controller for the Water Treatment N Plant to R.E. Pedrotti Company, Inc. in the amount of $15,725. (6.3) Award contract for the Water Service Line Installations, Project No. 12-2921 to Mid - Kansas Underground, Inc. in the amount of $386,500. (6.4) Acceptance of public sidewalk easement dedication on the south side of Key Avenue on Lot 1, Block 2 of the Replat of Lambertz Addition (2590 S. 9th Street). (6.5) Resolution No. 12-6901 authorizing the submittal of an application to the Kansas Department of Transportation for use of Safe Routes to School federal funds and authorize the City Manager to sign the application. (6.6) Resolution No. 12-6900 authorizing a license agreement with the Salina Regional Health Center to allow the installation of a private fiber optic cable within the public right-of-way of North Oakdale Avenue and East Iron Avenue. (6.7) Resolution No. 12-6903 authorizing an agreement for the purchase of the 2011 Sculpture Tour Salina People's Choice Award. 12-0094 Moved by Commissioner Householter, seconded by Commissioner Angell, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 12-10637 annexing a segment of Magnolia Road from the flood control levee to 300 feet east of Markley Road and Markley Road from its intersection with Magnolia Road north to the existing city limits. Dean Andrew, Director of Planning, explained the request and Planning Commission action. Mr. Andrew then responded to Commissioner Angell's question regarding annexing of the intersection. 12-0095 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass Ordinance No. 12-10637 on first reading. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Set a hearing date to hear an appeal of the Planning Commission's failure to approve Conditional Use Application #CU03-2B filed by the Salina Regional Health Center (730 Holly Lane). Dean Andrew, Director of Planning, explained the request and Planning Commissions action regarding the application. 12-0096 Moved by Commissioner . Crawford, seconded by Commissioner Householter, acknowledge receipt of a written appeal by Salina Regional Health Center, refer the item back to the Planning Commission's May 15, 2012 agenda to further articulate the reasons for the Planning Commissions failure to approve the Salina Regional Health Center's application on April 17, 2012, and set May 21, 2012 as the hearing date to consider all information, testimony and minutes of the Planning. Commission's public hearing and decision on the Salina Regional Health Center's amended Conditional Use Permit application. Aye: (4). Nay: (0). Motion carried. (8.2) Resolution No. 12-6902 setting forth findings and determinations on the advisability of and authorizing the construction of improvements in the Magnolia Hills Estates Addition. Page 2 1 1 12-0097 N Z a ro U 12-0098 12-0099 12-0100 12-0101 �►.�I00 12-0103 Dan Stack, City Engineer, explained the project, feasibility study, and development agreement. Moved by Commissioner Angell, seconded by Commissioner Householter, to adopt Resolution No. 12-6902. Aye: (4). Nay: (0). Motion carried. (8.3) Award of bid for the State Street Guardrail Replacement, Project No. 09-2785. Dan Stack, City Engineer, explained the project, bid received, and funding. Mr. Stack then responded to Commissioner Crawford's question regarding the height of the guard rail. Moved by Commissioner Crawford, seconded by Commissioner Angell, to award the State Street Guardrail Replacement, Project No. 09-2785 to Smoky Hill, LLC. in the amount of $64,400 plus a 3% construction contingency Aye: (4). Nay: (0). Motion carried. (8.4) Resolution No. 12-6904 setting forth findings and determinations on the advisability of and authorizing the construction of improvements in the Stone Lake Subdivision. Michael Schrage, Deputy City Manager, explained the project, funding, cost recovery, taxable bond financing, and cost breakdown. Mr. Schrage then responded to Mayor Jennings' question regarding the allocation of cost on the entire subdivision. Moved by Commissioner Angell, seconded by Commissioner Crawford, to adopt Resolution No. 12-6904 with an amendment to the preliminary report. Aye: (4). Nay: (0). Motion carried. (8.5) First reading Ordinance No. 12-10638 amending Section 25-155 of the Salina Code pertaining to outdoor discharge of air guns, air rifles, bow and arrows, slingshots, paintball guns and BB guns. (8.5a) Declare an emergency exists for second reading on the same day. (8.5b) Second reading Ordinance No. 12-10638. Dean Andrew, Director of Planning, summarized the current regulations and the proposed amendment. Moved by Commissioner Angell, seconded by Commissioner Householter, to pass Ordinance No. 12-10638 on first reading. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Angell, seconded by Commissioner Householter, to declare an emergency exists for second reading on the same day. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Angell, seconded by Commissioner Householter, to adopt Ordinance No. 12-10638 on second reading. A roll call vote was taken. Aye: (4) Angell, Crawford, Householter, Jennings. Nay: (0). Motion carried. OTHER BUSINESS Deputy City Manager Michael Schrage commented on Mr. Browns concerns regarding pedestrian crossing times. Mr. Schrage continued to explain the specifications of the crossings, time required and signage. Additional discussions followed between Mayor Jennings, Public Works Director Michael Fraser, and City Manager Jason Gage regarding signage and timing mechanisms. Moved by Commissioner Householter, seconded by Commissioner Angell, 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 5:24 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:14 and reconvened at 5:36 p.m. No action was taken. Page 3 1 1 1 12-0104 Z a ca U) 0 N U ADJOURNMENT Moved by Commissioner Angell, seconded by Comr regular meeting of the Board of City Commissioners be Motion carried. The meeting adjourned at 5:36 p.m. [SEAL] ATTEST: a, q"t"� Lieu Ann Elsey, CMC, Ci Clerk i seholter, that the Aye,: (4). Nay: (0). Mayor Page 4