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11-24-2008 MinutesCommission Action # 1 1 08-7612 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 24, 2008 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Clean Air Ordinance discussion and Phase I Water Model 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 John K. Vanier II, Chairman presiding Commissioner Alan E. Jilka Commissioner Luci Larson Commissioner Aaron Peck comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: Commissioner R. Abner Perney CITIZEN FORUM Sheryl Cole, 153 S., Front Street;` expressed concerns of the increase in tax rates, cost of the aquatic facility, and the housing; market). AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of November 17, 2008. (6.2) Resolution No. 08-6568 authorizing a license agreement with Robert Buster and Tim Bailey (dba Dairy Queen) to allow a public right-of-way encroachment adjoining their property located on the west side of North Ninth Street. (6.3) Resolution No. 08=6575.44trhor'izing an i5 computer usage and service interlocal cooperation agreement with Saline County for the years 2009 and 2010. (6.4) Resolution No. 08-6577 providing for a privacy and identity theft policy. Moved by Commissioner Peck',' seconded by Commissioner Larson, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Acceptance of offered easement, right-of-way and restricted access dedications and authorize the Mayor to sign the plat of the Meadow Pointe Addition (Application #P81 -7B). Dean Andrew, Director of Planning, explained the request, infrastructure, easement and dedications, vacation of Claflin Avenue, and the Planning Commission's recommendation and conditions of approval. Mr. Andrew then responded to Commissioner Larson's questions regarding street access, sidewalk location, and improvements to Cloud Street. Page 1 Commission Action # 1 1 08-7613 08-7614 08-7615 08-7616 08-7617 Mr. Andrew then responded to City Manager Jason Gage's questions regarding Ohio Street access and offset of the streets. Moved by Commissioner Jilka, seconded by Commissioner Peck, to accept the offered easement, right-of-way and restricted access dedications and authorize the Mayor to sign the Meadow Pointe Addition plat. Aye: (4). Nay: (0). Motion carried. (7.2) Acceptance of offered easement, right-of-way and restricted access dedications and authorize the Mayor to sign the Timberline Addition replat. (Application P97 -2B). Dean Andrew, Director of Planning, explained the request, proposed improvements, usage of an infiltration trench, need for a maintenance agreement for the trenching system, and the Planning Commission's recommendation and conditions for approval. Commissioner Jilka and Mayor: Vanier expressed concerns regarding the side yard swales. Additional discussions occurred between Mayor Vanier, Mr. Andrew, City Engineer Dan Stack and Deputy City Manager Michael Schrage regarding the maintenance agreement, cost of maintaining the trench, and flooding and drainage of Republic Avenue. Commissioner Peck,'felt that bVcause the project was small, it would be a good time to test it for future projects. A discussion followed between Mr. Stack, Commissioner Jilka and Mr. Gage regarding installation of a trench in Overland Park, use of swales on the property located behind Presley Drive, and calculation of storm water drainage. Moved by Commissioner Jilka, seconded by Commissioner Peck, to accept the offered easement, right-of-way and restricted access dedications and authorize the Mayor to sign the Timberline Addition replat. Aye: (4). Nay: (0). Motion carried. (7.3) First reading Ordinance No. 08-10477 annexing a 9.3 acre tract of land located at the southwest corner of Magnolia Road and I-135 to be known as Magnolia Commons Addition. Dean Andrew, Directof of hla�iri rig; explained the request, future infrastructure, and the Planning Commission's recommendation.`' Moved by Commissioner Larson,: seconded by Commissioner Jilka, to pass Ordinance No. 08-10477 on first reading. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 08-10471 approving the 2008 Salina Municipal Airport Rules and Regulations. Mayor Vanier reported. that Ordinance No.08-10471 was passed on first reading on November 17, 2008 and since that time no comments have been received. Moved by Commissioner Peck, seconded by Commissioner Larson, to adopt Ordinance No. 08-10471 on second reading. A roll call was taken. Aye: (4) Jilka, Larson, Peck, Vanier. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 08-10472 amending Section 25-154 of the Salina Code to permit discharge of firearms by the ExecutW�e-I?irector of the Salina Airport Authority or his designee on airport property for wildlife hazard reduction purposes. Mayor Vanier reported that Ordinance No.08-10472 was passed on first reading on November 17, 2008 and since that time no comments have been received. Moved by Commissioner Peck, seconded by Commissioner Larson, to adopt Ordinance No. 08-10472 on second reading. A roll call was taken. Aye: (4) Jilka, Larson, Peck, Vanier. Nay: (0). Motion carried. Page 2 Commission Action # (8.3) Second reading Ordinance No. 08-10473 amending the preliminary and final development plan and a change in underlying zoning district classification from C-2 (Neighborhood Commercial) to R-2 (Multi -Family Residential) on Lot 9, Block 1, Lots 1 — 8 and 10- 13, Block 1, and Lots 1 — 3, Block 2 in the Georgetown Villas Addition. Z Mayor Vanier reported that Ordinance No.08-10473 was passed on first reading on W November 17, 2008 and since that 'time `no7 eomments have been received. 08-7618 Moved by Commissioner Jilka, seconded by Commissioner Peck, to adopt Ordinance No. N 08-10473 on second reading. A roll call was taken. Aye: (4) Jilka, Larson, Peck, Vanier. Nay: (0). _ Motion carried. (8.4) Second reading Ordinance No. 08-10475 levying a 0.40% Retailers' Special Purpose Sales Tax. Mayor Vanier reported that Ordinance No.08-10475 was passed on first reading on November 17, 2008 and since that time no comments have been received. 08-761 9 Moved by Commissioner Larson, seconded by Commissioner Peck, to adopt Ordinance No. 08-10475 on second reading. A roll call was taken. Aye: (4) Jilka, Larson, Peck, Vanier. Nay: (0). Motion carried. (8.5) Approval of Engineering Agreement for the 2007 Water Distribution System Model — Phase 2, Project No. 08-2734. Martha Tasker; Director of Uttli`tiesexplained the project, agreement, and project funding. 08-7620 Moved by Commissioner Peck, seconded' by Commissioner Larson, to approve an engineering agreement for the 2007 Water Distribution System Model, Phase 2, Project No. 08-2734 with Professional Engineering Consultants, P.A. in an amount not to exceed $72,800. Aye: (4). Nay: (0). Motion carried. (8.6) Authorize an agreement with Union Pacific Railroad for the 2009 Railroad Crossing Improvements. Dan Stack, City Engineer, explained the project, project funding, and agreement. Sheryl Cole, 153 S. Front Street, questioned whether the railroad tracks on 4th Street would be closed. Mayor Vanier noted that the Department of Public Works would be able to answer her questions. 08-7621 Moved by Commissioner Jilka, seconded by Commissioner Peck, to authorize an agreement with Union Pacific Railroad for the 2009 Railroad Crossing Improvements. Aye: (4). Nay: (0). Motion carried. (8.7) Approval of Supplemental Engineering Agreement No. 4 for the South Ohio Street Improvements from Schilling to Magnolia. Dan Stack, City Engineer, explained the project and agreement. Mr. Stack then responded to Mayor Vanier's question regarding the state procedure on alternate bidding. A discussion followed between Commissioner Peck and Mr. Stack regarding the cost of the additional services. 08-7622 Moved by Commissioner Jilka, seconded by Commissioner Peck, to approve Supplemental Engineering Agreement No. 4 for the South Ohio Street Improvements from Schilling to Magnolia Roads with Wilson & Company in the amount of $23,538. Aye: (4). Nay: (0). Motion carried. (8.8) Resolution No. 08-6576 expressing the intent to support the Friends of the River in community -wide meetings identifying opportunities and constraints associated with the potential restoration of the Smoky Hill River. Page 3 Commission Action # C CJ 08-7623 08-76241 Gary Hobbie, Director of Community and Development, explained the request and the resolution. Mr. Hobbie also introduced members of the committee. Mr. Hobbie responded to Commissioner Jilka's question regarding funding for the first phase. Mr. Hobbie confirmed that it would be privately funded. Troy Vancil, Committee Member, responded to Commissioner Larson's question regarding the timeline of Phase I of the project. Commissioners Peck and Jilka and Mayor Vanier thanked the citizens for their volunteer efforts and initiative. Sheryl Cole, 153 S. Front Street, asked how long the project would take and how much it was going to cost. Moved by Commissioner Larson, seconded by Commissioner Jilka, to adopt Resolution No. 08-6576. Aye: (4). Nay: (0).' Motion carried. (8.9) Consideration of adding an alternate design and associated fees to include a 50 -meter pool in the family aquatic facility project. Steve Snyder, Director of Parks and Recreation, explained the current concept plan, and cost of including the alternate. A discussion followed between Commissioner Larson, Commissioner Jilka, Commissioner Peck, Mr. Synder and City Manager Jason Gage regarding citizen feedback on including a 50 -meter pool, increase design and construction costs, and projected bids. Item died due to lack of motion. OTHER BUSINESS None. ADJOURNMENT Moved by Commissioner Peck, seconded by Commissioner Larson, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0).. Motion carried. The meeting adjourned at 5:09 p.m. JJoK. Vanier II, Mayor [SEAL] ATTEST: him Ann ,'City Clerk Page 4