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11-05-2012 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 5, 2012 4:00 p.m. w The City Commission convened at 3:00 p.m. in a Study Session on Gateways. 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 Sandra Hernandez, 1940 Starlight Drive, commented on the request to rezone property to Public Use district, Planning Commission action regarding the action, conflict of interest, request that the City Commission to investigate the errors. Commissioner Householter commented on Ms. Hernandez's comments. A discussion then followed between Commissioner Householter and Greg Bengtson, City Attorney, regarding conflict of interest and disclosure. ' Mayor Jennings requested staff to look into Ms. Hernandez's concerns. Jason Gage, City Manager, commented on Public District, filing of a single application, and then breaking it down so each property is considered separately. Christopher Hernandez, 1503 Stapler, commented on the resurfacing ordinance passed by the City Commission in April 2012 and the need for an emergency reading. Mr. Hernandez felt that the staff was not presenting all the necessary information. Mayor Jennings explained staff's support role in providing the Commission the necessary information in order for them to make their decisions. AWARDS AND PROCLAMATIONS (4.1) The day of November 5, 2012 as "Extra Mile Day' in the city of Salina. Norma Wright, Volunteer Relations Committee Chair, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Application #SP12-1, filed by the Parks and Recreation Department, requesting approval of a special permit to allow the placement of a wireless communication facility in Indian Rock Park. ' Mayor Jennings opened the public hearing. Dean Andrew, Director of Planning, explained the request, current cell tower sites, flag pole placement and dimensions, elevation needs, standards for evaluating special permit applications, protest petition filed, conservation designation, and environmental review and Planning Commissions recommendation. A discussion followed between Commissioners Angell and Householter and Mr. Andrew regarding placing antennas on water towers and preferred placement sites. Mr. Andrew then noted the identified City Commission alternatives. A discussion followed between Mayor Jennings and Mr. Andrew regarding alternative proposals and voting requirements. Page 1 Commissioner Crawford questioned why the request made by the Parks and Recreation Department and not the applicant. Mr. Andrew explained that staff was trying to be proactive and City of Salina is currently the owner of the property. Mayor Jennings questioned the current height of the existing pole in Indian Rock w Park. Mr. Andrew guessed about 20 - 25 feet. A discussion followed between Commissioner Householter and Mr. Andrew as to why antennas were not allowed on water towers. Mr. Andrew explained that it N was believed that the policy would be changed, so the ordinance identified structures that currently support antennas. Jason Gage, City Manager, commented that some communities sometimes are hesitant with modifying water tower structures. Mayor Jennings disclosed that he had a conversation with citizen that voiced his concerns and his concerns have already been provided in the information presented. Commissioner Householter also disclosed that he had received a phone call from a citizen and that information was already presented as well. Deborah Divine, 1748 Glen Avenue, felt that the flag poles would be obtrusive and that the park needed have historic designation. She noted that some areas are placing antennas on existing utility poles. Bill Medina, 2 Riverwoods Circle, indicated that the park is unique low traffic wildlife habitat. He expressed concerns of the additional noise, height of the flag poles, sloping of the area, and lighting. Ms. Divine reminded the Commission that the flags would need to be lighted and the height of the Gypsum Hill water tower. Jacqueline Calp, 330 Indiana, expressed the significance of Indian Rock Park and that it is vital piece of history. Don Timmel, 534 Upper Mill Height Drive, expressed is opposition to the request and the importance of the historical site. Doug Ruddick, 808 Rainbow Drive, Parks and Recreation Advisory Board member, felt that there would be a financial disadvantage if the park was changed. He also expressed his concern that the item was not presented to the Parks and Recreation Advisory Board for input. Margerie Streckfus, 2122 Applewood Lane, felt that the park is a historic, ecological, prairie, and migrating site. She expressed the need to preserve the park. Jennifer Bonilla -Baker, 1601 Gypsum, felt the park provides a majestic view of Salina. She expressed her concerns with the height of towers and the noise the flags will cause. Mark Neubrand, 730 Meadowbrook Road, expressed his concerns with leveling area, height of the poles, and cost of purchasing and maintenance of the flags. JC Sadler, Dallas TX, commented on alternative locations within the community. Jeff Kasoff, 407 Lake, Ellsworth, felt that the future development of the park would fall if the poles where placed. He also suggested that staff look at what effects ' radiation would have on the wildlife and the need for the Commission to provide findings for the denial of the request. Harold Lear, 612 Max Avenue, felt that it would not be fair to allow one commercial business the advantage of using the park. He continued to express his concerns of setting precedence. Norman Mills suggested that the Commission look into a conversation easement trust. Justin Anderson, Overland Park, Kansas, asked the Commission to consider sending the request back to the Planning Commission so a feasible solution could be made. Mr. Anderson then responded to Commissioner Householter question regarding the company's interest to placing antennas on water towers. Page 2 Mr. Medina commented that the Commission needed to end the issue immediately because these companies just want to wear people out so they can proceed. There being no further comments, the hearing was closed. A discussion followed between Mayor Jennings, Mr. Bengtson, and Mr. Gage W regarding providing findings, regulatory process, and quasi-judicial role. 12-0271 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess for 15 A minutes into a closed quasi judicial session and into an executive session 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 6:15 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed and reconvened at 6:15 p.m. Commissioner Angell commented that she felt that the flags would not be dismantling to the view and are one of the greatest things man has created; however, do not think we want something man has created added to the park. 12-0272 Moved by Commissioner Angell, seconded by Commissioner Householter, to uphold the Planning Commission's recommendation to deny the application based on the findings: 1) the proposed flag pole height and flag size would have an adverse audio and visual impact on the park and the proposed of the location and the size of the fence in area would damage the park naturalistic environment; 2) the proposal flag pole height is out of scale with the existing park setting; 3) Indian Rock Park is a historical significance and not a suitable location for a wireless facility and staff is directed to draft a resolution of the findings for City Commission consideration at the next regular meeting. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) Receive and review the 2011 Audit Report from Mize Houser and Company. Jason Gage, City Manager, summarized the audit. Page 3 CONSENT AGENDA ' (6.1) Approve the minutes of October 22, 2012. (6.2) Resolution No. 12-6942 appointing members to the Animal Control Advisory Board, Convention and Tourism Committee, Parks and Recreation Advisory Board, and the Planning Commission. (6.3) Authorize additional work for the repair of High Service Pump No. 205 at the Water Treatment Plant, Project No. 12-2937 by Douglas Pump Service, Inc., Overland Park, Kansas, in the amount of $11,763. (6.4) Resolution No. 12-6943 authorizing the Mayor to execute an agreement between the City of Salina and Mize Houser & Company (MHC), Certified Public Accountants for an audit of City records for the year ending December 31, 2012. (6.5) Authorize staff to contract with Davis Concrete Construction to complete a section of sidewalk in order to establish a North Ohio bike lane in an amount not to exceed $10,300. (6.6) Authorize the purchase of two 10' replacement truck snow plows from Midwest Truck Equipment in Wichita, Kansas in the amount of $17,354. (6.7) Authorize to purchase equipment and services for the interconnection of the traffic ' 12-0273 signals along the Ninth Street corridor in an amount not to exceed $82,664. Moved by Commissioner Householter, seconded by Commissioner Shirley, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) Receive and review the 2011 Audit Report from Mize Houser and Company. Jason Gage, City Manager, summarized the audit. Page 3 12-0274 11 Moved by Commissioner Angell, seconded by Commissioner Crawford, to accept the 2011 audit. Aye: (5). Nay: (0). Motion carried. (8.2) Approve Supplemental Agreement No. 2 for Wastewater Treatment Plant Capital Maintenance Improvements, Project No. 10-2843. a Martha Tasker, Director of Utilities, explained the project, agreement, and funding. N Ms. Tasker then responded to Commissioner Angell's regarding the project budget. ' 12-0275 Moved by Commissioner Householter, seconded by Commissioner Shirley, to approve Supplemental Agreement No. 2 for the Wastewater Treatment Plant Capital Maintenance Improvements, Project No. 10-2843 from Waters -Morgan Construction, Inc. to revise contract price to $1,185,491 and the contract time to December 31, 2013. Aye: (5). Nay: (0). Motion carried. (8.3) First reading Ordinance No. 12-10665 levying Salina Business Improvement District No. 1 services fees for 2013. Jason Gage, City Manager, explained the proposed fees. 12-0276 11 Moved by Commissioner Angell, seconded by Commissioner Crawford, to pass Ordinance No. 12-10665 on first reading. Aye: (5). Nay: (0). Motion carried. (8.4) Approval of the 2013 Vehicles and Equipment Sub-CIP. Jason Gage, City Manager, summarized the request and funding. 12-0277 I Moved by Commissioner Crawford, seconded by Commissioner Shirley, to approve the 2013 Vehicles and Equipment Sub-CIP. Aye: (5). Nay: (0). Motion carried. 11(8.5) Request for executive session (legal, personnel and trade secrets). ' 12-0278 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into executive session for 65 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, for the purpose of discussing matters pertaining to non -elected City personnel for the reason that public discussion of the matter would violate the privacy rights of the non -elected personnel involved, confidential data relating to the financial affairs and trade secrets of a corporation for the reason that public discussion of the information would competitively disadvantage the corporation and reconvene at 7:35 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:30 p.m. and reconvened at 7:58 p.m. No action was taken. OTHER BUSINESS None. ADJOURNMENT 12-0279 Moved by Commissioner Crawford, seconded by Commissioner Shirle , that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion ' carried. The meeting adjourned at 7:58 p.m. [SEAL] Norman M ' nnings, Mayor ATTESQ�UT: ^^ ++ ,, �N o Lieu Ann Elsey, CM , City Clerk Page 4