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12-03-2012 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 3, 2012 4:00 p.m. tO w The City Commission convened at 2:30 p.m. in a Study Session on the Downtown Lighting N Project. The Regular Meeting of the Board of Commissioners was called to order at 4:00 P 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 Carolyn Lovins, 1215 Stratford Drive, invited everyone to the Beating All Odds II benefit for Ava McCullick who is a little girl that is currently battling cancer .on December 91h from 5 - 9 p.m. AWARDS AND PROCLAMATIONS INone. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of November 26, 2012. (6.2) Resolution No. 12-6948 amending the City of Salina Shared Vision Statement and Strategic Plan. 12-0294 11 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) Reconsideration of second reading of Ordinance No. 12-10666 to clarify the portion ' vacated of the east -west utility easement located 520 feet north of Magnolia Road on Lot 1, Block 1 of the Magnolia Hills Addition. Gary Hobbie, Director of Development Services, explained the amendment. 12-0295 Moved by Commissioner Angell, seconded by Commissioner Householter, to reconsider passage of Ordinance No. 12-10666 on second reading. Aye: (5). Nay: (0). Motion carried. 12-0296 Moved by Commissioner Angell, seconded by Commissioner Householter, to adopt Ordinance No. 12-10666 as amended to vacate the west 70 feet of the utility easement on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford, Householter,' Shirley, Jennings. Motion carried. Page 1 ' (8.3) Authorize Salina Country Club Treated Wastewater Effluent Reuse System cost share. Martha Tasker, Director of Utilities, explained the request, project, and funding. Ms. Tasker then responded to Commissioner Householter's question regarding future recouping and reallocation of costs. He also questioned whether there have been any other businesses express an interest. Mike Holton, Golf Course Superintendent for the Salina Country Club, expressed their need for the use of the water, future water use planning, and benefit to the business and community. He also commented on the cost sharing of the project. 12-0298 Moved by Commissioner Householter, seconded by Commissioner Crawford, to authorize Salina Country Club Treated Wastewater Effluent Reuse cost share at a fixed amount of $54,582. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Sandra Hernandez expressed her concerns regarding a text amendment with the paving standards when the grandfather clause was removed and added back in to the code. Jason Gage, City Manager, explained that staff recognized the mistake and ' prepared an ordinance for the City Commission to consider in order the place the regulations back into the City code. Commissioner Householter felt that staff became aware of the mistake and took the necessary steps in taking care of it. A discussion followed between Ms. Hernandez, Mr. Gage, and Commissioner Householter regarding administrating the paving standards when the grandfather clause was removed. It was noted that staff did not realize that the grandfathering clause was removed; therefore, were applying standards as if it was still in the code. Mayor Jennings noted that City staff work for the City Commission, and mistakes will happen and expects that mistakes are brought back to the Commission to correction. Page 2 (8.2) Second reading Ordinance No. 12-10667 amending Chapter 42, Article VI, Division 10.2 of the Salina Code pertaining to the Public Use (P) District. N Mayor Jennings noted that Ordinance No. 12-10667 was passed on first reading on November 26, 2012 and since that time no comments have been received. w Sandra Hernandez, 1940 Starlight Drive, expressed her concerns of the passage of the ordinance. She felt that there was a discrepancy between the conversations that - occurred at the meeting from the minutes that were adopted and that the Planning ' Commission should have not been able to forward their recommendation. U Discussions followed with Greg Bengtson, City Attorney, and Commissioner Householter regarding disclosure of substantial interest. Mr. Bengtson continued to summarize the voting outcome from the Planning Commission meetings and state statute requirements for a quorum and for the Planning Commission to advance an affirmative recommendation. Ms. Hernandez then asked if she may address her concerns regarding the paving standards. Michael Schrage, Deputy City Manager, "explained that the proposed ordinance does not address paving standards, but dealt with zoning district uses. Jason Gage, City Manager, explained that minutes are not taken verbatim; the intent of the minutes is to capture the City Commission's action on items and provided a brief summary of the discussion. 12-0297 Moved by Commissioner Angell, seconded by Commissioner Crawford, to adopt Ordinance No. 12-10667 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried. ' (8.3) Authorize Salina Country Club Treated Wastewater Effluent Reuse System cost share. Martha Tasker, Director of Utilities, explained the request, project, and funding. Ms. Tasker then responded to Commissioner Householter's question regarding future recouping and reallocation of costs. He also questioned whether there have been any other businesses express an interest. Mike Holton, Golf Course Superintendent for the Salina Country Club, expressed their need for the use of the water, future water use planning, and benefit to the business and community. He also commented on the cost sharing of the project. 12-0298 Moved by Commissioner Householter, seconded by Commissioner Crawford, to authorize Salina Country Club Treated Wastewater Effluent Reuse cost share at a fixed amount of $54,582. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Sandra Hernandez expressed her concerns regarding a text amendment with the paving standards when the grandfather clause was removed and added back in to the code. Jason Gage, City Manager, explained that staff recognized the mistake and ' prepared an ordinance for the City Commission to consider in order the place the regulations back into the City code. Commissioner Householter felt that staff became aware of the mistake and took the necessary steps in taking care of it. A discussion followed between Ms. Hernandez, Mr. Gage, and Commissioner Householter regarding administrating the paving standards when the grandfather clause was removed. It was noted that staff did not realize that the grandfathering clause was removed; therefore, were applying standards as if it was still in the code. Mayor Jennings noted that City staff work for the City Commission, and mistakes will happen and expects that mistakes are brought back to the Commission to correction. Page 2 Greg Bengtson, City Attorney, commented that the City of Salina handles its own codification and the code is based on ordinances that are adopted. The Code cannot be change without City Commission approval. Commissioner Crawford stated that she has confidence in staff. w (8.4) Request for executive session (trade secrets and legal). 12-0299 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into ' o executive session for 20 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 would competitively disadvantage the corporation and 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 5:15 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:55 p.m. Commissioner Angell left at 6:37 p.m. Commissioner Crawford left at 7:07 p.m. ADJOURNMENT 12-0300 11 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 7:47 p.m. [SEAL] Lieu Clerk Norman M. Jennings, Mayor Page 3