09-10-2012 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 10, 2012
4:00 p.m.
w The City Commission convened at 2:30 p.m. in a Study Session for an executive session.
12-0;22 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into
E executive session for 20 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
2:50 p.m. Aye: (5). Nay: (0). Motion carried.
Commission Angell recused herself due to conflict of interest.
The City Commission convened at 2:55 p.m. in a Study Session for a Housing Authority
presentation. 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.
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
(4.1) The month of September 2012 as "National Recovery Month" in the city of Salina.
Don Greene, Senior Recovery Coach with Central Kansas Foundation, read the
proclamation and announced upcoming events.
(4.2) Resolution No. 12-6933 expressing gratitude and appreciation to Robert D.
Campbell for his employment with the City of Salina from August 16, 1984 to
September 14, 2012.
12-0223 II Moved by Commissioner Householter, seconded by Commissioner Shirley, to adopt
Resolution No. 12-6933. Aye: (5). Nay: (0). Motion carried.
Mayor Jennings presented a plaque to Officer Campbell. He thanked for the
opportunity to serve.
' (4.3) The month of September 2012 as "Childhood Cancer Awareness Month" in the city
of Salina. Pam and Stephany Stithem read the proclamation. Heidi Feyerherm
announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of August 27, 2012.
(6.2) Award of HOME Investment Partnership Grant fund for the rehabilitation of four
homes to Kansas Sand in an amount of $138,350 and approve the award of two
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homes to Ponton Construction in the amount of $64,228, including the use of
$137,078 of HOME Grant funds, $11,900 in Weatherization Funds, and $64,922 of
City Revolving Loan Funds.
12-0224 Moved by Commissioner Crawford, seconded by Commissioner Shirley, to approve the
w consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
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DEVELOPMENT BUSINESS
' (7.1) First reading Ordinance No. 12-10657 annexing a portion of the West Magnolia
Road right-of-way west of Virginia Drive that abuts the Premier Addition and
acceptance of related right-of-way dedications.
Commissioner Angell recused herself due to conflict of interest.
Dean Andrew, Director of Planning, explained the request, denial from Saline
County to construct an additional driveway, and the request from the applicant for
second reading on the same day.
Mr. Bengtson clarified the emergency reading process.
12-0225 Moved by Commissioner Householter, seconded by Commissioner Shirley, accept the
right-of-way dedications from Michael J. Nordboe and Anna Belle Marie Nordboe. Aye:
(4). Nay: (0). Abstained: (1) Angell. Motion carried.
12-0226 I Moved by Commissioner Householter, seconded by Commissioner Shirley, to pass
Ordinance No. 12-10657 on first reading. Aye: (4). Nay: (0). Abstained: (1) Angell.
Motion carried.
12-0227 Moved by Commissioner Householter, second by Commissioner Shirley, to declare an
emergency exists for same reading on the same day. Aye: (4). Nay: (0). Abstained: (1)
Angell. Motion carried.
' 12-0228 Moved by Commissioner Householter, seconded by Commissioner Crawford, to adopt
Ordinance No. 12-10657 on second reading. A roll call vote was taken. Aye: (4),
Crawford, Householter, Shirley, Jennings. Nay: (0). Abstained: (1) Angell. Motion
carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 12-10654 amending Sections 42-303 and 42-306 of
the Salina Code, pertaining to conditional uses and use limitations in the C-4
district.
Mayor Jennings noted that Ordinance No. 12-10654 was passed on first reading
August 27, 2012 and since that time no comments have been received.
Dean Andrew, Director of Planning, noted the clarification of defining merchandise
display.
12-0229 Moved by Commissioner Householter, seconded by Commissioner Angell, to adopt
Ordinance No. 12-10654 on second reading. A roll call vote was taken. Aye: (5) Angell,
Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried.
' (8.2) First reading Ordinance No. 12-10658 amending Section 8-254 of the Salina Code by
removing testing requirements for Volatile Organic Compound (VOC) air testing
and placing specific requirements on Mercury testing with certain drug sites.
Gary Hobbie, Director of Development Services, explained the proposed
amendment and the VOC and Mercury testing.
12-0230 Moved by Commissioner Angell, seconded by Commissioner Crawford, to pass
Ordinance No. 12-10654 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) Consideration of Ordinance No. 12-10655 repealing Ordinance No. 12-10639, which
amended Chapter 13 of the Salina Code by adding "sexual orientation" and
"gender identity" as classes protected from discrimination; or
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Consideration of Ordinance No. 12-10656 calling a special election submitting to the
vote of the electors of the City of Salina, Kansas, in accordance with the initiative
and referendum statute (K.S.A. 12-3013), an Ordinance repealing Ordinance No. 12 -
„ 10639, which amended Chapter 13 of the Salina Code by adding "sexual
orientation' and "gender identity" as classes protected from discrimination.
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2 Greg Bengtson, City Attorney, explained the Kansas statutes, submission of the
petition, and the proposed ordinances.
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A discussion followed between the Commission and Mr. Bengtson regarding the
question placed on the ballot, 10 year period of changing the ordinance, and the
state statute requirement for the special election.
12-0231 11 Moved by Mayor Jennings, seconded by Commissioner Angell, to pass Ordinance No. 12-
10655 on first reading. Aye: (2). Nay: (3). Motion defeated.
12-0232 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass
Ordinance No. 12-10656 on first reading. Aye: (5). Nay: (0). Motion carried.
Mr. Bengtson noted that the County Clerk suggested that the ordinance is
considered on the same day to meet the time line for printing and military advance
voting.
12-0233 II Moved by Commissioner Angell, seconded by Commissioner Householter, to declare an
emergency exists for second reading on the same day.
Commissioner Crawford felt that it would be a disservice to the individuals that
worked on the petition if the Commission did not put the question up for a public
vote. Even though she did not agree with their view, she appreciated their time and
effort put into the petition.
Mayor Jennings called the question Aye: (5). Nay: (0). Motion carried.
12-0234 II Moved by Commissioner Angell, seconded by Commissioner Shirley, to adopt Ordinance
No. 12-10656 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford,
Householter, Shirley, Jennings. Nay: (0). Motion carried.
(8.4) Request for executive session (legal)
12-0235 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into
executive session for 20 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
5:10 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission reconvened at 5:13 p.m. No action was taken.
OTHER BUSINESS
None.
ADJOURNMENT
12-0236 II Moved by Commissioner Shirley, seconded by Commissioner Householter, that the
regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0).
Motion carried. The meeting adjourned at 5:13 p.m.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
Norman ennings, Mayor
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WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF
COMMISSIONERS
We, the undersigned, being duly elected, qualified and acting City Commissioners of the
w 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 10`h day of September, 2012 at 2:30 p.m. in
' Room 107B at the City -County Building for:
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1. Executive session (legal).
Dated this 10`h day of June 2012.
//� IZ/11-- �-Y`
Bdirb Shirley, Vice -Mayo
Samantha Angell, tommissioner
Kaye Crawf6rd, Commissioner\ \-
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Aaron Householter, Commissioner