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05-12-2008 MinutesCommission Action # 1 LJ 08-7511 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 12, 2008 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Budget Status Update. 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 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. AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on 2008 Special Assessment Projects. (5.1a) First reading Ordinance No. 08-10448 levying special assessments for improvements. Michael Fraser, Director of Public Works, explained the final costs and summarized upcoming key dates of the special assessment process. Mayor Vanier opened the public hearing. There being no further comments, the public hearing was closed. Moved by Commissioner Perney,. seconded by Commissioner Jilka, to adopt Ordinance No. 08-10448 on first reading. Aye: (5). Nay: (0). Motion carried. (5.2) Public hearing on Petition No. 4305, filed by the Virgil E. Lundberg and Dorothy E. Lundberg Trust No. 2, requesting vacation of 199.36 feet of platted restricted access along the west side of Lot 1, Block 1, Lundberg Addition. (5.2a) First reading Ordinance No. 08-10449. Dean Andrew, Director of Planning, explained the final plat of the Lundberg Addition and the request. Page 1 Commission Action # Mayor Vanier opened the public hearing. Mr. Andrew then responded to Commissioner Perney's question regarding the curb cuts on the east side of the street. N z Mr. Andrew also responded to Commissioner Jilka's and Commissioner Perney's questions W regarding placement of the access on Cloud Street and Claflin Avenue. Commissioner Larson questioned the traffic control lighting in the area. Mr. Andrew N responded. 0 U A discussion followed between Commissioner Jilka and Mr. Andrew regarding the vacation of Claflin Avenue. There being no further comments, the public hearing was closed. An additional discussion followed between Commissioner Jilka and Mr. Andrew regarding traffic flow. Commissioner Perney expressed concerns of the traffic going across Ohio. 08-7512 Moved by Commissioner Perney; seconded by Commissioner Jilka, to deny Ordinance No. 08-10449 on first reading. Jeff Maes, ComPro Realty, responded to Commissioner Jilka's questions regarding the need for the access. Mr. Maes expressed the importance of the access for the future development of the site. Commissioner Jilka withdrew his second to Motion No. 08-7512. Motion died due to lack of second 08-7513 Moved by Commissioner Peck, seconded by Commissioner Larson, to pass Ordinance No. 08-10449 on first reading. Aye: (4). Nay: (1) Perney. Motion carried. (5.3) Public hearing on Resolution No. 08-6518 exempting property owned by Grain Belt Supply Company, Inc. located at 217 E. Diamond Drive from ad valorem taxation. Dean Andrew, Director of Planning, explained the request and the cost/benefits of the exemption. Mayor Vanier opened the public hearing. Mr. Andrew responded to Mayor Vanier's question regarding business expansion in that area and construction schedule, and Commissioner Larson's question regarding how long Grain Belt Supply has been at this location. There being no further comments, the public hearing was closed. 08-7514 Moved by Commissioner Peck, seconded by Commissioner Larson, to adopt Resolution No. 08-6518. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of May 5, 2008. (6.2) Authorize agreement with the Kansas Department of Transportation and Wilson & Company, Inc. for construction engineering services related to the Broadway Boulevard and Hageman Street Intersection Improvements, Project No. 05-1538 (KDOT Project No. 85 U-2109-01). (6.3) Resolution No. 08-6519 concurrence of award of contract for the Broadway Boulevard and Hageman Street Intersection Improvements, Project No. 05-153 8 (KDOT Project No. 85 U-2109-01). Page 2 Commission Action # 08-75151 u' 08-7517 08-7518 Commissioner Jilka requested that 6.2 and 6.3 be removed from the consent agenda. Moved by Commissioner Perney, seconded by Commissioner Peck, to approve Item 6.1 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Michael Fraser, Director of Public Works, explained the project, project funding, and the agreement in Item 6.2. Moved by Commissioner Jilka, seconded by Commissioner Perney, to approve Item 6.2. Aye: (5). Nay: (0). Motion carried. Michael Fraser, Director of Public Works, explained the project, pedestrian study conducted, and bids received for Item 6.3 Merlin Stephens, 340 Maple Avenue, expressed concerns of the sidewalk placement, pedestrian traffic, and parking on Otto Street, Tim Miles, Wilson & Company, responded to Mr. Stephens' concerns regarding pedestrian crossing on Broadway, traffic flow, and placement of the signalized crossing. A discussion followed between Jason Gage, City Manager, Mr. Stephens and Mr. Miles regarding the pedestrian study conducted by the City, placement of a pedestrian cross walk on the south side of Cloud Street, traffic flow on Rush Street, and the scope of the project. Mr. Gage responded to Mayor Vanier's question regarding the timeline of project, and whether the signalized light was included in the scope of the project. Mr. Gage confirmed that it was not included and suggested the Commission could act on the item and staff would report back to the Commission on the signalized crossing. Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Resolution No. 08-6519 and direct staff to report back to the Commission on the status of the signalized crossing at the intersection of Broadway and Cloud. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second 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. Mayor Vanier reported that Ordinance No. 08-10447 was passed on first reading on May 5, 2008 and since that time no comments have been received. Moved by Commissioner Peck, seconded by Commissioner Larson, to adopt Ordinance No. 08-10447 on second reading. A roll call was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier. Nay: (0). Motion carried (8.2) Second reading Ordinance No. 08-10446 amending Chapter 42, Article VI, Division 14, Sections 42-302 and 42-303 and adding Section 42-303.1 pertaining to permitted and conditional uses in the C-4 District. Dean Andrew, Director of Planning, explained the amendments to the ordinance since first reading. A discussion followed between Mr. Andrew and Commissioner Jilka regarding the addition. of Section 42-303.1. Mr. Andrew then responded to Commissioner Larson's questions regarding the pawn shops. Mr. Andrew also commented on the inclusion of massage therapy. Page 3 Commission Action # N N 08-'519 Z W 1 1 08-7520 08-7521 08-7522 Phyll Klima, Salina Downtown, Inc., commented on the Planning Commission's and the Salina Downtown Board of Advisors' recommendations and the amount of time each of the citizens boards spent reviewing the matter. Moved by Commissioner Larson, seconded by Commissioner Perney, to adopt Ordinance No. 08-10446 on second reading. A roll call vote was taken. Aye: (3) Jilka, Larson, Perney. Nay: (2) Peck, Vanier. Motion carried. (8.3) Resolution No. 08-6516 authorizing an engineering agreement with Bucher, Willis & Ratliff for Markley -Magnolia -Valley View Sanitary Sewer. Martha Tasker, Director of Utilities, explained the project, master plan, agreement, and funding. Moved by Commissioner Jilka, seconded by Commissioner Peck, to adopt Resolution No. 08-6516. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Moved by Commissioner Larson, seconded by Commissioner Peck, to recess into executive session for 15 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 reconvene at 5:17 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:02 p.m. and reconvened at 5:36 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Perney, seconded by Commissioner Larson, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). otion carried. The meeting adjourned at 5:36 p.m. John Vanier II, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, Clerk Page 4