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.
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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
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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
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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.
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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.
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CONSENT AGENDA
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(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.
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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.
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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: ^^ ++ ,,
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Lieu Ann Elsey, CM , City Clerk
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