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11-19-2007 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 19, 2007 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for Fire/Rescue Emergency Fees and a w Composting Facility Feasibility Report. 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 Alan E. Jilka, Chairman presiding Commissioner Luci Larson Commissioner Aaron Peck Commissioner R. Abner Perney Commissioner John K. Vanier II comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM None. AWARDS - PROCLAMATIONS (4.1) The day of November 19, 2007 as "Public Health Thank You Day". Del Myers, Health Education Coordinator, gave a presentation. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4301, filed by Bank VI, requesting vacation of 20 ft. of platted restricted access along the east side of Lot Two (2), Block One (1) in the Brock Addition. (5,1 a) First reading Ordinance No. 07-10422. Mayor Jilka opened the public hearing. Dean Andrew, Director of Planning and Community Development, explained the request. Mr. Andrew noted that staff would not be supportive of a full, two-way driveway. Mr. Andrew continued to explain staff s recommendation subject to the following conditions: 1. The 20 foot driveway opening on Ohio Street shall serve as an exit only driveway and shall be marked and signed accordingly. ' 2. Traffic control pavement markings and signage shall be reviewed and approved by the City Engineer. Mr. Andrew then responded to Commissioner Perney's question on whether this was the same type of layout as the Bennington State Bank located at Ninth and Walnut. Jeff Gilliam, Architect representing the petitioner, noted that he agreed with staffs recommendation. There being no further comments, the public hearing was closed. Page 1 Commission Action N 07-729211 Moved by Commissioner Vanier, seconded by Commissioner Peck, to adopt Ordinance No. 07-10422 ori first reading with conditions outlined by staff. Aye: (5). Nay: (0). Motion carried. Alan Eichelberger, Bank IV, thanked staff for their work w CONSENT AGENDA (6.1) Approve the minutes of November 5, 2007. s (6.2) Authorize purchase of a gas monitor from Detection Instrument Corporation in the amount of $23,790. (6.3) Acceptance of public drainage easement dedication from H -M Olathe, LLC on Kenworth Tract in the Replat of the Foley Addition. 07-729311 Moved by Commissioner Vanier, seconded by Commissioner Larson, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 07-10419 amending Chapter 8 of the Salina Code by repealing Articles X -XV. ' Mayor Jilka noted that Ordinance No. 07-10419 was passed on first reading on November 5, 2007 and since that time no comments have been received. 07-7294 Moved by Commissioner Vanier, seconded by Commissioner Peck, to adopt Ordinance No. 07-10419 on second reading. A roll call vote was taken. Aye: (5) Larson, Peck, Perney, Vanier, Jilka. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 07-10420 amending Chapter 8, Article I, Division 1 of the Salina Code by adding Section 8-14.1 providing for a local amendment to the International Building Code Section 1204.1 pertaining to space heating requirements for interior environments. Mayor Jilka noted that Ordinance No. 07-10420 was passed on first reading on November 5, 2007 and since that time no comments have been received. 07-7295 IIMoved by Commissioner Peck, seconded by Commissioner Perney, to adopt Ordinance No. 07-10420 on second reading. A roll call vote was taken. Aye: (5) Larson, Peck, Perney, Vanier, Jilka. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 07-10421 levying Salina Business Improvements District No. 1 (Lee District) service fees for 2008. Mayor Jilka noted that Ordinance No. 07-10421 was passed on first reading on November 5, 2007 and since that time no comments have been received. 07-7296 Moved by Commissioner Vanier, seconded by Commissioner Perney, to adopt Ordinance No. 07-10421 on second reading. A roll call vote was taken. Aye: (5) Larson, Peck, Perney, Vanier, Jilka. Nay: (0). Motion carried. (8.4) Award bid for LED traffic lights, Project No. 07-2658. Michael Fraser, Director of Public Works, explained the project, bids received and funding. Mr. Fraser then responded to Commissioner Perney's questions regarding the life of the bulbs and the warranty provided. Page 2 Commission Action N 07-7297 Moved by Commissioner Vanier, seconded by Commissioner Peck, to award the bid for LED traffic lights, Project No. 07-2658 to Gades Sales Company, Inc. in the amount of $22,693.30. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution No. 07-6414 directing that public notice be provided of a request to declare that w portion of Thomas Park located east of North 9°i Street as surplus parkland. Dean Andrew, Director of Planning and Community Development, explained K.S.A. 12- 1301 and process of disposing of surplus park land. Mr. Andrew continued to explain the request ' from St. John's Military School regarding the purchase of the park land. U A discussion followed between Commissioner Perney, Mr. Andrew, and City Attorney Greg Bengtson regarding the current zoning and future land use of the property and the contract of sale of real estate. Additional discussions followed between Commissioner Peck and City Manager Jason Gage regarding disposal and future use of the property. Mr. Andrew then responded to Commissioner Larson's question regarding access to the cast side of the park. Mr. Andrew noted that no improvements have been made to the east part of the park, but improvements have been made to the west part. A discussion followed between Commissioner Larson, Mr. Gage and Mr. Andrew regarding the future land use of the property by St. John's Military School. Mr, Andrew also responded to Mayor Jilka's question regarding ownership of the properties in the area. Debbie Mildfelt, 1124 N. Santa Pe Avenue, expressed concerns on the proposed purchase price of the property. Ms. Mildfelt explained that she would like to see the property be developed into a park and would be willing to put a committee together to research the feasibility of this. Mr. Bengtson commented on the valuation of the property, use of the covenants, and the contract for sale of real estate. Mr. Andrew responded to Commissioner Larson's question regarding if the city has ever been faced with a similar situation in the past regarding disposal of surplus park land. Mr. Andrew noted Centennial Park and Oxbow Park. 07-729811 Moved by Commissioner Vanier, seconded by Commissioner Perney, to adopt Resolution No. 07-6414. Aye: (4). Nay: (1) Peck. Motion carried. (8.6) Resolution No. 07-6451 authorizing a license agreement with Lonnie Wilson to allow the installation of an awning structure over a public sidewalk in front of his building on Bishop Street and North 13'h Street. Dean Andrew, Director of Planning and Community Development, explained the request and the license agreement. 07-7299 11 Moved by Commissioner Peck, seconded by Commissioner Perney, to adopt Resolution No. 07-6451. Aye: (5). Nay: (0). Motion carried. II OTHER BUSINESS Mayor Jilka requested staff provide an update on the Comprehensive Plan Advisory Committee. Michael Schrage, Deputy City Manager, provided the Commission with an update and asked that the Commission consider extending the deadline for Expression of Interest forms until November 21, and move the appointment date to December 3. Page 3 Commission Action N 07-7300 Moved by Commissioner Perney, seconded by Commissioner Larson, to extend the deadline until November 21, 2007 and move the committee appointment date to December 3,2007. Aye: (5). Nay: (0). Motion carried. (8.7) Request for Executive Session (legal). 07-301 Moved by Commissioner Vanier, seconded by Commissioner Larson, to recess into executive session for 15 minutes to discuss with the City Attorney a matter subject to the attorney- client privilege for the reason that public discussion of the matter would waive that privilege and adversely affect the City's interests in the matter and reconvene at 5:03 p.m. Aye: (5). Nay: (0). ' g Motion carried. The City Commission recessed into executive session at 4:48 p.m. Mayor Jilka requested an additional 15 minutes at 5:21 p.m. The City Commission reconvened at 5:37 p.m. No action was taken. ADJOURNMENT 07-7302 Moved by Commissioner Vanier, seconded by Commissioner Peck, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:37 p.m. Alan E. Jilka, ayor SEAL] AT Lieu Nnn Y, Y -Bl"sc CMC Clerk Page 4