07-09-2012 Minutes1
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 9, 2012
4:00 p.m.
W The City Commission convened at 3:00 p.m. in a Study Session on the budget. 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.
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There were present:
Mayor Norman M. Jennings, Presiding Officer
Commissioner Samantha P. Angell
Commissioner Kaye J. Crawford
Commissioner Aaron Householter
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
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of June 29, 2012.
(6.2) Approve the minutes of July 2, 2012.
(6.3) Authorize the replacement of a 6,000 gallon fiberglass tank at Pump Station No. 13 for
Wastewater Collection from Schaben Industries in the amount of $11,100.
(6.4) Approve the purchase of two wastewater pumps for Wastewater Collection from
Environmental & Process Systems in the amount of $19,968.
(6.5) Rescind Agreement 213-10 with Kansas Department of Transportation for the
Connecting Link (KLINK 1R) resurfacing project.
(6.6) Approve the purchase of Firehouse Web Software in the amount of $15,145.
(6.7) Resolution No. 12-6915 appointing members to the Saline County Community
Corrections Advisory Board.
12-0160 Moved by Commissioner Crawford, seconded by Commissioner Angell, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
ADMINISTRATION
(8.1) Resolution No. 12-6916 authorizing Agreement 87-12 with the Kansas Department of
Transportation regarding K-143/North Ninth Street bridge replacement (KDOT Project
No. 143-85 KA -0036-01; City Project No. 11-2892).
Dan Stack, City Engineer, explained the project, agreement, and funding.
A discussion followed between Mayor Jennings and Mr. Stack regarding the water line
replacement.
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12-0161 Moved by Commissioner Angell, seconded by Commissioner Householter, to adopt
Resolution No. 12-6916. Aye: (5). Nay: (0). Motion carried.
(8.2) General Obligation Bonds and Notes
Z (8.2a) Receive report on bids received.
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(8.2b) Second reading Ordinance No. 12-10642 authorizing the issuance and delivery
of General Obligation Bonds, Series 2012-A.
(8.2c) Second reading Ordinance No. 12-10644 authorizing the issuance and delivery
of General Obligation Refunding Bonds, Series 2012-B.
(8.2d) Resolution No. 12-6917 prescribing the form and details of and authorizing
General Obligation Bonds, Series 2012-A.
(8.2e) Resolution No. 12-6918 prescribing the form and details of and authorizing
General Obligation Refunding Bonds, Series 2012-B.
(8.20 Resolution No. 12-6919 authorizing and directing the sale and delivery of
General Obligation Temporary Note, Series 2012-1.
Rod Franz, Director of Finance and Administration, explained the issuances, bids
received, resizing of the issuances, and refunding savings. Mr. Franz noted that Dave
Arteberry, George K. Baum, and Randy Irey, Gilmore & Bell, were available for
questions.
12-0162 Moved by Commissioner Angell, seconded by Commissioner Shirley, to adopt Ordinance No.
12-10642 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford,
Householter, Shirley, Jennings. Nay: (0). Motion carried.
12-0163 Moved by Commissioner Shirley, seconded by Commissioner Crawford, to adopt Ordinance
No. 12-10644 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford,
Householter, Shirley, Jennings. Nay: (0). Motion carried.
12-0164 Moved by Commissioner Shirley, seconded by Commissioner Householter, to adopt
Resolution No. 12-6917. Aye: (5). Nay: (0). Motion carried.
12-0165 Moved by Commissioner Angell, seconded by Commissioner Shirley, to adopt Resolution No.
12-6918. Aye: (5). Nay: (0). Motion carried.
12-0166 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to adopt Resolution
No. 12-6919. Aye: (5). Nay: (0). Motion carried.
(8.3) Second reading Ordinance No. 12-10646 vacating 36 feet and 30 feet of platted
restricted access on Magnolia Road along the north side of Lot 1, Block 1 in the Premier
Addition to allow two curb cuts on Magnolia Road west of Virginia Drive.
12-0167 Moved by Commissioner Crawford, seconded by Commissioner Householter, to go into
closed quasi-judicial session for 15 minutes.
Motion was laid on the table to allow for public comment.
There being none, the motion was removed from the table and Mayor Jennings called the
question to go into closed session until 4:35 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission reconvened at 4:42 p.m.
12-0168 Moved by Commissioner Crawford, seconded by Commissioner Angell, to continue the closed
quasi-judicial session until 5:10 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission reconvened at 5:12 p.m.
12-0169 Moved by Commissioner Crawford, seconded by Commissioner Householter, to continue the
closed quasi-judicial session for an additional 15 minutes and reconvene at 5:30 p.m. Aye: (5).
Nay: (0). Motion carried.
The City Commission reconvened at 5:44 p.m.
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12-0169 Moved by Commissioner Crawford, seconded by Commissioner Householter, to continue the
closed quasi-judicial session and reconvene at 6:00 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission reconvened 6:12 p.m.
Z Commissioner Householter noted that the applicant was treasurer commission
LU candidacy race; however, there is no relationship to his upcoming decision
12-0470 Moved by Commissioner Angell to direct staff to develop an ordinance that articulates the
findings of fact and conclusions that were discussed in closed session, develop conditions
preceding and conditions subsequent could result in removal of a curb cut approved in
Ordinance No. 12-10646; because these are significant changes to the ordinance, to place it on
the agenda for first reading of the amended ordinance on July 16, 2012. Aye: (5). Nay: (0).
Motion carried.
Commissioner Angell noted that she favored in making this exception based
specifically on the type of traffic in this location; she wanted to be sure the curb cut was
only specific for this development.
Commissioner Householter questioned that if this curb cut was only for this
development, if another was proposed a new request would need to be made.
Greg Bengtson, City Attorney, responded to Commissioner Householter clarifying that
the curb cut is project specific and passage and publication of the ordinance would
remove the restricted access. He continued to explain that the amended ordinance
would allow the project to move forward, but if it did not the restricted access would
remain and that any change in future use may not be appropriate and the break in
access could be subject to closure. Mr. Bengtson also advised that because there will be
significant modifications, it would warrant first reading again and to defer second
reading of the ordinance once the conditions are met.
Mayor Jennings decision from last week was based on staff's recommendation, the
design, comprehensive plan, and the unwillingness by owner; however this vote only
places the ordinance back on the agenda for first reading.
Mayor Jennings called the question. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
12-0171 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into
executive session for 15 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 6:40 p.m.
Aye: (5). Nay: (0). Motion carried.
Commissioner Angell left at 6:44 p.m.
The City Commission reconvened at 6:47 p.m.
ADJOURNMENT
12-0172 Moved by Commissioner Householter, seconded by Commissioner Shirley, that the regular
meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried.
The meeting adjourned at 6:47 p.m.
[SEAL] Barb Shirley, Vice -Mayor
ATTEST:
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Shacks CMC, City Clerk
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