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08-18-2008 MinutesCommission Action # 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 18, 2008 4:00 p.m. The City Commission convened at 3:00 p.m. in a Study Session on the Kansas Legislature new W Comprehensive Transportation Program. 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: Vice -Mayor Luci Larson, Chairman presiding Commissioner Alan E. Jilka 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: Mayor John K. Vanier II CITIZEN FORUM Jerry Holtz, 169 Bel Air Drive, questioned if any other sites have been looked at for the future aquatic facility and his concerns on whether the site that has been selected will be large enough. Jason Gage, City Manager, responded. Mr. Gage then responded to Commissioner -Peck's question regarding the cost savings by using the football practice field site. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 11; 2008. 08-7609 Moved by Commissioner Jilka, seconded by Commissioner Peck, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Authorize Mayor to sign the Golden Eagle Estates Addition No. 5 plat, accept the offered easement, right-of-ways and parkland dedications. (7.1b) Second reading Ordinance No. 08-10445. Dean Andrew, Director of Planning, explained the request, plat, rear yard drainage, future improvements, covenants, grading plan, Planning Commission's recommendation and conditions of approval, zoning district changes, and addressing of homes with the subdivision. Page 1 Commission Action # �J 1 Commissioner Jilka noted that he felt uncomfortable with the drainage plan. A discussion followed between Commissioner Jilka, Mr. Andrew, and City Manager Jason Gage regarding the rear yard drainage, grading inspection, and erosion. A discussion followed between Vice -Mayor Larson, Mr. Andrew, and Commissioner Perney regarding accessibility into the subdivision. Mr. Andrew then responded to Vice -Mayor Larson's question regarding addressing of the homes and accessibility to the park. Tim Howison (developer), 1212 Meyer Drive, responded to Commissioner Peck's questions regarding the rear yard drainage. Mr. Howison commented on the city's requirements to obtain an occupancy permit and responded to Commissioner Perney's questions regarding the subdivision drainage and sloping'. A discussion followed between Mr. Gage and Mr. Andrew regarding the use of solid privacy fencing, lot elevations, grading requirements, and street drainage. Wayne Nelson, Civil Engineer, responded to Mr. Gage's questions regarding the street drainage. elevation. A discussion followed between Commissioner Pemey and Mr. Andrew regarding Mr. Nelson then responded to Mr. Gage's and Commissioner Perney's questions regarding potential flooding situations. Mr. Andrew responded to Commissioner Jilka's and Commissioner Perney's concerns regarding flooding and drainage issues. A discussion followed between Vice -Mayor Larson, Mr. Andrew, Mr. Gage, City Attorney Greg Bengtson, and Mr. Howison regarding fencing requirements and drainage. Mr. Howison commented on the drainage, and that Oxbow was built for a 50 -year flooding situation. He also noted that fencing and building restrictions could be added to the covenants. A discussion followed between Commissioner Jilka and Mr. Andrew regarding potential drainage issues, rear yard drainage, and use of the covenants to place restrictions. Daniel Stack, City Engineer, responded to Mr. Gage's question regarding the amount of staff time that would be involved in inspecting final grading. Mr. Andrew noted that the City Commission could postpone consideration of the plat and zoning request until the final covenants has been prepared. A discussion followed between Michael Schrage, Deputy City Manager, and Mr. Andrew regarding home elevations. An additional discussion occurred between Mr. Gage and Mr. Andrew regarding the use of the covenants and recording of the plat. Mr. Howison commented on the required elevation of each lot and that the grading of the lots would occur prior to the being sold to contractors. 08-761 Moved by Commissioner Peck, seconded by Commissioner Perney, to authorize the Mayor to sign the Golden Eagle Estates Addition No. 5 plat and accept the offered easement, right-of-ways and parkland dedications. Aye: (3). Nay: (1) Jilka. Motion carried. 08-7611 Moved by Commissioner Perney, seconded by Commissioner Peck, to pass Ordinance No. 08-10445 on second reading. Aye: (4) Jilka, Peck, Pemey, Larson. Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 08-10458 levying special assessments against certain lots and pieces of property to pay the,l cost of abatement of nuisances. Page 2 Commission Action # Ll 1 08-7612 08-7613 08-761 08-761 08-761 Vice -Mayor Larson reported that Ordinance No. 08-10458 was passed on first reading on August 11, 2008 and since that time no comments have been received. f Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Ordinance No. 08-10458 on second reading.;A roll call wastaken. Aye: (4) Jilka, Peck, Perney, Larson. Nay: (0). Motion carried. (8.2) Second reading Charter Ordinance No. 3.4 allowing the City to issue up to $12,500,000 in bonds for construction of a family aquatic park. Vice -Mayor Larson reported that Charter Ordinance No. 34 was passed on first reading on August 11, 2008 and since that time no comments have been received. Moved by Commissioner Peck, seconded by Commissioner Jilka, to adopt Charter Ordinance No. 34 on second reading. Jason Gage, City Manager, responded to Commissioner Perney's question regarding the use of the special sales tax funds.'; Commissioner Peck asked that his motion reflect the correction in the Ordinance fixing the section numbering. Commissioner Jilka affirmed his second. Vice -Mayor called the question. A roll call was taken. Aye: (4) Jilka, Peck, Perney, Larson. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 08-10460 submitting to voters at the November 4, 2008 general election the question of a .409/o� special°retailers' sales tax commencing April 1, 2009 and ending March 31, 2019. Vice -Mayor Larson reported that Ordinance No. 08-10460 was passed on first reading on August 11, 2008 and since that time no comments have been received. Moved by Commissioner Peck, seconded by Commissioner Jilka, to adopt Ordinance No. 08-10460 on second reading. A roll call was taken. Aye: (4) Jilka, Peck, Perney, Larson. Nay: (0). Motion carried. (8.4) Resolution No. 08-6547 approving the advisability and authorizing improvements in the Stone Creek Addition. financing. Daniel Stack, City Engineer, explained the petition, feasibility report, and project Todd Welsh, 221 S. Morris, commented on the request and the need for affordable housing. Mr. Welsh then responded to Commissioner Perney's question regarding the estimated specials and project timeline. Michael Schrage, Deputy City Manager, commented on the construction timeline and bidding of the project. Moved by Commissioner Jilka, seconded by Commissioner Peck, to adopt Resolution No. 08-6547. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS Moved by Commissioner Peck, seconded by Commission Perney, to recess into executive session for 30 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 reconvene at 5:40 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:10 p.m. and reconvened at 6:40 p.m. No action was taken. Page 3 Commission Action # 08-7617 Z W 0 U 1 ADJOURNMENT Moved by Commissioner Jilka, seconded by Commissioner Peck, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 6:40 p.m. Jo K. Vanier II, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, &-ty Clerk Page 4