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05-05-2008 MinutesCommission Action # CITY OF SALINA, KANSAS. REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 5, 2008 4:00 p.m. The City Commission convened at 3:15 p.m. in a Study Session for an Economic Development w Strategic Plan Review. 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 A Allegiance and a moment of silence. s There were present: Mayor John K. Vanier II, Chairman presiding Commissioner Alan E. Jilka Commissioner Luci Larson Commissioner Aaron Peck Commissioner R. Abner Perney 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. ' 08-7503 Moved by Mayor Vanier, seconded by Commissioner Larson, to remove Item 8.2 from the agenda. Aye: (5). Nay: (0). Motion carried. AWARDS - PROCLAMATIONS (4.1) The week of May 11 —17, 2008 as "National Police Week" and May 15, 2008 be "Peace Officer Memorial Day" in the City of Salina. Officer Tim Brown read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 28, 2008. (6.2) Award contract for the 2008 Concrete Pavement Improvements, Project No. 08-2697 to Pavers, Inc. in the amount of $270,225.50. (6.3) Acceptance of a general public utility easement on Burma and Water Well Roads. (6.4) Award of contract for Underground Irrigation System — East Crawford Recreation Area, Project No. 08-2685 to Professional Sprinkler Installation in the amount of $14,757.60. (6.5) Resolution No. 08-6517 authorizing the City Manager to instruct binding coverage for Excess Workers Compensation Insurance. (6.6) Resolution No. 08-6515 amending the Economic Development Services Agreement with the Salina Area Chamber of Commerce. Page 1 Commission Action # 08-750411 Moved by Commissioner Jilka, seconded by Commissioner Perney, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS w (7.1) Application #Z08-1, filed by the City Commission, requesting a comprehensive review and amendment of the list of permitted and conditional uses in Sections 42-302 and 42-303 of the C-4 (Central Business) District. a (7.1a) First reading, Ordinance No. 08-10446. Dean Andrew, Director of Planning, explained the request, current uses, and the Salina Downtown, Inc. Board of Advisors and Planning Commission's recommendations. Commissioner Perney felt that massage parlors, payday loan companies, tattoo parlors and body piercing studios, dog kennels, mini -warehouses, small animal hospitals, private clubs, and recycling centers should be eliminated from the C-4 district. Commissioner Jilka concurred. A discussion followed between the City Commission, Mr. Andrew, and City Manager Jason Gage regarding the allowed uses of tattoo parlors, dog kennels, massage parlors, massage therapy, payday loan companies, mini -warehouses, private clubs, affect on property values and grandfathering of current businesses. 08-750511 Moved by Commissioner Jilka, seconded by Commissioner Perney, to pass Ordinance No. 08-10446 on first reading. 08-7506 Moved by Commissioner Jilka, seconded by Perney, that mini warehouses, payday loan ' companies, tattoo parlors be deleted from the list of conditional uses. Commissioner Jilka felt those businesses decreased property values. Mayor Vanier called the question for motion 08-7506. Aye: (3). Nay: (2) Peck Vanier. Motion carried. Mr. Andrew responded to Commissioner Jilka's question regarding the definition of massage parlors. 08-750711 Moved by Commissioner Jilka, seconded by Commissioner Perney, to delete massage parlors as a conditional use. Aye: (5). Nay: (0). Motion carried. Commissioner Perney asked to Commission to consider the removal of the permitted use of "any other similar retail business not specifically listed is permitted if it complies with the conditions and restrictions contained in Section 42-306" and it to be considered as a conditional use. Mr. Gage and Mr. Andrew responded to Commissioner Perney regarding his request. Mayor Vanier called the question for motion 08-7505. Aye: (4). Nay: (1) Vanier. Motion carried. (7.2) Application #PDD08-1, filed by Golden Eagle Estates, Ltd., requesting approval of a change in zoning district classification from A-1 (Agricultural) district to Planned Development District R-1 (Single -Family Residential) and R-2 (Multi -Family Residential) in Golden Eagle Estates Addition No. 5. (7.2a) First reading Ordinance No. 08-10445. Page 2 Commission Action # Dean Andrew, Director of Planning, explained the request, preliminary plat, park land and easement dedications, Oxbow and Huntington Road drainage, and the Planning Commission's recommendation and conditions for approval. Mr. Andrew then responded to Commissioner Larson's question on whether the apartment buildings were one or two stories. He confirmed that they would be one-story. w A discussion followed between Commissioner Perney, Mr. Andrew, and City Manager Jason Gage regarding the channel ownership, right of way dedications, and drainage. N o Mr. Andrew then responded to Mr. Gage's question regarding front yard setbacks, sidewalks and parking. Mike Benjamin, 20 Red Fox Lane, comment on the problems with drainage, and easement ownership. 08-75081 Moved by Commissioner Larson, seconded by Commissioner Peck, to pass Ordinance No. 08-10445 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Resolution No. 08-6514 expressing local support for the nomination of the White Eagle Oil Company gas station at 1017 S. Santa Fe Avenue to the Register of Historic Kansas Places. Dean Andrew, Director of Planning, explained the state and local process, site, criteria for eligibility, effect of the designation, and the Heritage Commission's recommendation. Mr. Andrew then responded to Commissioner Jilka's question regarding the effect the designation would have on surround property owners. A discussion followed between Mayor Vanier and Mr. Andrew regarding the historic nature of the property. Mr. Andrew also responded to Commissioner Larson's question regarding the current occupancy of building. Mayor Vanier felt that the building had no historic nature, and was concerned with the burden it would place of the surrounding property owners. Commissioner Jilka felt that although the building had some childhood memories, he did not feel it rose to level importance for designation. Resolution No. 08-6514 died due to lack of a motion. (8.2) Item removed. (8.3) First reading Ordinance No. 08-10447 amending Chapter 8, Article I of the Salina Code by adding Section 8-12.6 amending Section 1004.1.2 of the 2003 International Building Code to modify the occupant load factor for manufacturing facilities. Mike Roberts, Building Official, commented on Building Safety Week, proposed amendment, and the Building Advisory Board's recommendation. ' A discussion followed between Commissioner Perney, Mr. Roberts, and City Manager Jason Gage regarding the wording of the exemption in the proposed ordinance. Commissioner Perney felt it should read "lesser" rather than "greater". Mr. Roberts then responded to Commissioner Larson's question regarding the number of occupant requirement. 08-750911 Moved by Commissioner Jilka, seconded by Commissioner Peck, to pass Ordinance No. 08-10447 on first reading. Aye: (5). Nay: (0). Motion carried. Page 3 Commission Action # z 0871751 None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Peck, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:38 p.m. [SEAL] �ATTEST: 7l� Lieu Ann Elsey, CMC, Ci Clerk Jolu! K. Vanier II, Mayor Page 4