07-16-2012 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 16, 2012
4:00 p.m.
w The City Commission convened at 2:30 p.m. in a Study Session for a budget overview. 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
' o of silence.
There were present:
Vice -Mayor Barb Shirley, Presiding Officer
Commissioner Samantha P. Angell
Commissioner Kaye J. Crawford
Commissioner Aaron Householter
Absent: Mayor Norman Jennings
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Shandi Wicks, Deputy City Clerk
CITIZEN FORUM
Casey Hayden, 2255 Sherwood Lane, asked Greg Bengtson, City Attorney, for
information on filing a petition regarding the fluoride in the city water. He also
commented on information that was previously sent to city staff and the City
Commission regarding fluoridation.
John Bowsen, 2363 Chapel Ridge Place, provided information regarding fluoridation
and the health risks.
AWARDS AND PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of July 9, 2012.
12-0173 11 Moved by Commissioner Householter, seconded by Commissioner Crawford, to approve the
consent agenda as presented. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
ADMINISTRATION
(8.1) Resolution No. 12-6920 authorizing a Contingent Real Estate Contract for the sale of
surplus property located at 629 N. Ohio Street to Wohlgemuth & Daniel Investments,
LLP (Midway Wholesale).
Michael Schrage, Deputy City Manager, explained the North Ohio Overpass Project,
real estate contract, and surplus property.
Jesse Prater, Midway Wholesale, provided additional information regarding the use of
the land.
12-0174 Moved by Commissioner Crawford, seconded by Commissioner Householter, to adopt
Resolution No. 12-6920. Aye: (4). Nay: (0). Motion carried.
Jason Gage, City Manager, asked if Item #8.3 could be moved up on the agenda.
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(8.2) First reading Ordinance No. 12-10646 vacating 35 feet of platted restricted access on
Magnolia Road along the north side of Lot 1, Block 1 in the Premier Addition, 242 feet
west of Virginia Drive to allow a curb cut on Magnolia Road for a proposed office
facility for American Ag Credit.
(8.2a) First reading Ordinance No. 12-10647 vacating 30 feet of platted restricted access
along the north side of Lot 1, Block 1 in the Premier Addition to allow a shared
driveway with the abutting property owner at the northwest corner of Lot 1.
Dean Andrew, Director of Planning, explained the request, location, previous
commission action and current action options.
Mr. Bengtson provided clarification regarding the action of second reading. Mr.
Bengtson requested a closed door session with the City Commission to discuss the
quasi-judicial matter based on attorney-client privilege.
' 12-0176 Moved by Commissioner Householter, seconded by Commissioner Angell, to recess into
executive session for five 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 4:43 p.m.
Aye: (4). Nay: (0). Motion carried.
12-0177 II Moved by Vice -Mayor Shirley, seconded by Commissioner Angell, to extend the executive
session for 5 minutes and reconvene at 5:00 p.m. Aye: (4). Nay: (0). Motion carried.
The Commission reconvened at 5:00 p.m
Mr. Bengtson provided additional information regarding the vacation condition
precedent and condition subsequent in Ordinance No. 12-10646 and the affects on the
petitioner and American Ag Credit.
12-0178 Moved by Commissioner Angell, seconded by Commissioner Householter, to pass Ordinance
No. 12-10646 on first reading with amendment to Section 4A, to add a second condition
precedent that construction of the driveway access to be constructed within the Eastern Access
shall be subject to the condition precedent that the petitioner and American Ag Credit enter
into a recordable agreement with the City prior to publication of this ordinance pursuant to
Section 4A above that following termination of the same use of the adjoining site as proposed
' and described to the governing body at the public hearing by American Ag Credit, or its
successors or assigns, the driveway access constricted within the eastern access shall be subject
to removal or modification upon the discretion of the governing body.
A discussion followed between Mr. Bengtson and Jeff Maes, ComPro, regarding the
amendment and how it affects the petitioner and American Ag Credit.
Vice Mayor Shirley called the question. Aye: (4). Nay: (0). Motion carried.
12-0179 I Moved by Commissioner Angell, seconded by Commissioner Householter, to pass Ordinance
No. 12-10647 on first reading. Aye: (4). Nay: (0). Motion carried.
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(8.3) Resolution No. 12-6921 reaffirming and restating the delegation of powers by the City
of Salina to the Housing Authority, authorizing the Mayor to execute a special
warranty deed conveying from the City to the Housing Authority those real properties
currently titled in the name of the City for purposes of the housing programs
administered by the Housing Authority, and approving a declaration of trust between
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the Housing Authority and the Secretary of Housing and Urban Development.
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Greg Bengtson, City Attorney, introduced Larry Pankratz, Salina Housing Authority
Executive Director, Mr. Pankratz explained the services that the Housing Authority
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provides.
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Mr. Bengtson explained the delegation of powers, special warranty deed and
declaration of trust. He then responded to Commissioner Crawford's question
regarding the ownership of the properties.
12-0175
Moved by Commissioner Householter, seconded by Commissioner Angell, to adopt
Resolution No. 12-6921. Aye: (4). Nay: (0). Motion carried.
(8.2) First reading Ordinance No. 12-10646 vacating 35 feet of platted restricted access on
Magnolia Road along the north side of Lot 1, Block 1 in the Premier Addition, 242 feet
west of Virginia Drive to allow a curb cut on Magnolia Road for a proposed office
facility for American Ag Credit.
(8.2a) First reading Ordinance No. 12-10647 vacating 30 feet of platted restricted access
along the north side of Lot 1, Block 1 in the Premier Addition to allow a shared
driveway with the abutting property owner at the northwest corner of Lot 1.
Dean Andrew, Director of Planning, explained the request, location, previous
commission action and current action options.
Mr. Bengtson provided clarification regarding the action of second reading. Mr.
Bengtson requested a closed door session with the City Commission to discuss the
quasi-judicial matter based on attorney-client privilege.
' 12-0176 Moved by Commissioner Householter, seconded by Commissioner Angell, to recess into
executive session for five 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 4:43 p.m.
Aye: (4). Nay: (0). Motion carried.
12-0177 II Moved by Vice -Mayor Shirley, seconded by Commissioner Angell, to extend the executive
session for 5 minutes and reconvene at 5:00 p.m. Aye: (4). Nay: (0). Motion carried.
The Commission reconvened at 5:00 p.m
Mr. Bengtson provided additional information regarding the vacation condition
precedent and condition subsequent in Ordinance No. 12-10646 and the affects on the
petitioner and American Ag Credit.
12-0178 Moved by Commissioner Angell, seconded by Commissioner Householter, to pass Ordinance
No. 12-10646 on first reading with amendment to Section 4A, to add a second condition
precedent that construction of the driveway access to be constructed within the Eastern Access
shall be subject to the condition precedent that the petitioner and American Ag Credit enter
into a recordable agreement with the City prior to publication of this ordinance pursuant to
Section 4A above that following termination of the same use of the adjoining site as proposed
' and described to the governing body at the public hearing by American Ag Credit, or its
successors or assigns, the driveway access constricted within the eastern access shall be subject
to removal or modification upon the discretion of the governing body.
A discussion followed between Mr. Bengtson and Jeff Maes, ComPro, regarding the
amendment and how it affects the petitioner and American Ag Credit.
Vice Mayor Shirley called the question. Aye: (4). Nay: (0). Motion carried.
12-0179 I Moved by Commissioner Angell, seconded by Commissioner Householter, to pass Ordinance
No. 12-10647 on first reading. Aye: (4). Nay: (0). Motion carried.
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(8.4) Request for executive session (trade secrets).
12-0180 Moved by Commissioner Householter, seconded by Commissioner Angell, to recess into
executive session for 10 minutes to discuss confidential data relating to the financial affairs
and trade secrets of a corporation for the reason that public discussion of the information
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would competitively disadvantage the corporation and reconvene at 5:22 p.m.
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The City Commission reconvened at 5:53 p.m.
' OTHER BUSINESS
U None.
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ADJOURNMENT
12-0181 Moved by Commissioner Householter, seconded by Commissioner Crawford, that the regular
meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried.
The meeting adjourned at 5:53 p.m.
([SEAL] Normar61. Jennings, Mayor
ATTEST:
Lieu Ann Elsey- CMC ty Clerk
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