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12-09-2013 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 9, 2013 4:00 p.m. w The City Commission convened at 2:30 p.m. in a Study Session on the Utility Rate Study. 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. 3 Those present and comprising a quorum: Mayor Barbara V. Shirley (presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Aaron present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Bengtson, City Attorney; and Lieu Ann Elsey, City Clerk AND PROCLAMATIONS None. FORUM None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 438 (filed by Lee Young on behalf of Salina Vortex Corp.) requesting vacation of 30 -feet of platted restricted access on Lot 1, Block 3 of the Airport Industrial Center Subdivision. (5.1a) First reading Ordinance No. 13-10722. 1 Mayor Shirley opened the public hearing. Dean Andrew, Planning and Zoning Administrator, explained the request for vacating the restricted access and reducing of the speed limit on Water Well Road, platting of the area, existing restricted access, recommended access spacing, suggested findings, and the site plan. A discussion followed between Commissioner Hardy and Mr. Andrew regarding road designations, location of the interchange, traffic flow, future development south of Water Well Road, and frontage of the site. Additional discussions occurred between Commissioner Blanchard and Mr. Andrew regarding the existing restricted access, traffic patterns, and site plan reviews. Commissioner Blanchard continued by expressing his concerns of site plans dictating locations of restricted access. Dialogue continued between City Manager Jason Gage and Mr. Andrew regarding future traffic flows and development of the area. Lee Young, Salina Vortex, asked the City Commission to support the request for vacating and reducing the speed limit. He continued to explain the development and traffic flow of the area. Mr. Young then responded to Commissioner Hardy's ' question regarding having a second entrance and traffic flow. There being no further comments the public hearing was closed. 13-0406 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass Ordinance No. 13-10722 on first reading. Commissioner Blanchard noted that he supported the request because he felt that there has been significant work done by the petitioner; however, expressing the need to carefully consider what is done during the platting and zoning stages. Mayor Shirley called the question. Aye: (4). Nay: (1) Hardy. Motion carried. CONSENT AGENDA Page 1 (6.1) Approve the minutes of December 2, 2013. (6.2) Authorize the purchase for one ambulance from Osage Ambulances in the amount of $194,693. (6.3) Authorize the purchase of two traffic signal battery back up systems with cabinets a w from Gades Sales in the amount of $16,800. (6.4) Resolution No. 13-7052 describing the corporate limits of the city of Salina. o Commissioner Hardy noted a correction to the minutes. 13-0407 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to remove the Item 6.3 from the consent agenda. Aye: (5). Nay: (0). Motion carried. 13-0408 Moved by Commissioner Householter, seconded by Commissioner Hardy, to approve the remaining items of the consent agenda with an amendment to the minutes. Aye: (5). Nay: (0). Motion carried. Michael Fraser, Director of Public Works, explained the purchase. He then responded to Commissioners Blanchard and Hardy s questions regarding the improvements to the Osborne and Cloud intersection, price increase, battery costs, and future replacement costs. 13-0409 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to approve Item. 6.3. Aye: (5). Nay: (0). Motion carried. (7.1) Second reading Ordinance No. 13-10720 amending Article VI of Chapter 13 of the Salina Code pertaining to public contracts. ' Mayor Shirley noted that Ordinance No. 13-10720 was passed on first reading on December 2, 2013 and since that time no comments have been received. 13-0410 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to adopt Ordinance No. 13-10720 on second reading. Commissioner Crawford commented on the amendments to Chapter 13 on equal opportunity employment and that it would bring current regulations into compliance with state laws. She continued by encouraging contractors to hire and to continue to hire minorities and women. Mayor Shirley called the question. A roll call vote was taken. Aye: (5) Blanchard, Crawford, Hardy, Householter, Shirley. Nay: (0). Motion carried. (7.2) Resolution No. 13-7039 authorizing an agreement with Saline County addressing prisoner housing, emergency dispatch, and related services. Rod Franz, Director of Finance and Administration, explained the current and proposed agreements and rates. A discussion followed between Commissioner Hardy, Mayor Shirley, Mr. Franz, Commissioner Blanchard and City Manager Jason Gage regarding the rates, cost per day, comparison with surrounding facilities, future compensation and use of the consumer price index. ' 13-0411 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to adopt Resolution No. 13-7039. Aye: (5). Nay: (0). Motion carried. (7.3) Approval of the 2014 sub-CIP. Rod Franz, Director of Finance and Administration, summarized the proposal. Commissioner Householter left at 5:13 p.m. and returned at 5:15 p.m. Mr. Franz then responded to Commissioner Blanchard's question regarding stabilization in the general fund. Page 2 13-0412 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to adopt the 2014 Sub-CIP. Ave: (5). Nay: (0). Motion carried. (7.4) Resolution No. 13-7056 authorizing an Amendment to Consent Order and Consent Agreement with the Kansas Department of Health and EnvironZ ment. a w Martha Tasker, Director of Utilities, explained the current and proposed sagreements. ' Commissioner Blanchard thanked staff for being proactive and the time savings benefits it will bring. 13-0413 Moved by Commissioner Hardy, seconded by Commissioner Crawford, to adopt Resolution No. 13-7056. Aye: (5). Nay: (0). Motion carried. (7.5) Adopt the 2014 Business Plan for the Salina Bicentennial Center. Dion Louthan, Director of Parks and Recreation, summarized the proposed plan and fiscal impact. Mr. Louthan then responded to Mayor Shirley's question regarding the impact to the general fund. Commissioners Householter and Blanchard thanked Chris Bird of Global Spectrum for his service and wished him the best of luck with his new position. Tracey Sin, 3401/2 S. Connecticut, commented that he was sorry to see Mr. Bird leave and he was a great asset. 13-0414 Moved by Commissioner Hardy, seconded by Commissioner Householter, to adopt the 2014 Business Plan for the Salina Bicentennial Center. Aye: (5). Nay: (0). Motion carried. (7.6) Conceal and carry discussion. ' City Manager Jason Gage provided the City Commission with an update, noting that staff is currently reviewing all city owned facilities and would most likely be applying for a four-year exemption, with the exception of Municipal Court. He continued to explain that the City -County building is governed by the Saline County Building Authority and will most likely apply for an exemption as well. A discussion continued between Mr. Gage, Commissioner Householter, and Jake Peterson with Clark, Mize & Linville regarding current state legislation, exemptions, and measures on what the state is doing on their facilities. Commissioner Hardy expressed his concerns of use of signage and felt that did not provide adequate security. Commissioner Blanchard commented on the importance of safety for the public and employees. Mr. Gage commented on how the regulations could affect employee entrances. Mayor Shirley requested a three minute break at 5:44 p.m. and the Commission returned at 5:47 p.m. Bob Bowser, 129 N. College, explained the intent of the law to protect the citizens and that he appreciated Commissioner Hardy's comments on the decals. A discussion followed between Commissioner Householter and Mr. Bowser ' regarding the legislation and the effects on the community. Mr. Gage then responded to Mayor Shirley's question regarding the effect the regulations would have on city -county shared facilities. Carol Schaeffer, 1001 N. 10th Street, felt that weapons should not be allowed in every building. She continued to express her concerns if they were allowed in a place of employment. John Price, 1305 E. Wayne, felt that the legislation has put local government in a bad situation. He continued to express his concerns of the cost of bringing buildings into compliance. Page 3 DEVELOPMENT BUSINESS OTHER BUSINESS tO Commissioner Hardy requested staff to explain the events that took place in renaming the Mayor's Christmas Party. Jason Gage, City Manager, explained that the change was intended to broaden the audience and bring in more attendance. N He also informed the City Commission that staff will be reviewing the program on o whether or not the program will continue due to the lack of community interest. 5t Commissioner Blanchard stated that he was unaware of the change, and felt there was a break down in communication. Commissioner Crawford commented that this is a departmental event and changes would not necessarily be brought to the Commission for approval. Mr. Gage explained that is was a division operation and with no intention to taking Christmas out of the program. Dion Louthan, Director of Parks and Recreation, and Chris Curtis, Recreation Superintendent, commented on the event and informed the City Commission of the date and time. Commissioners Crawford and Blanchard felt that there is an issue of getting information out to the public. (9.1) Request for executive session (legal and personnel). 13-0415 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to recess into executive session for 75 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 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; and reconvene at 7:40 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission took a short break at 6:20 p.m., recessed into executive session at 6:25 p.m. and reconvened at 7:42 p.m. 13-0416 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 30 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 7:42 p.m. and reconvened at 8:17 p.m. 13-0417 Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to extend the current executive session for an additional 15 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 8:17 p.m. and reconvened at 8:45 p.m. No action was taken. ADJOURNMENT 13-0418 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 8:45 p.m. d [SEAL] Barbara V. Shirley, Mayor ATTEST: Sha�iWick"s*C, Interim City Clerk Page 4