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03-09-2009 MinutesCommission Action # 1 u) Z U) U 09-773 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 9, 2009 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Comprehensive Plan 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 Shandi Wicks, Deputy City Clerk Absent: None CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of March 2, 2009. (6.2) Resolution No. 09-6600 authorizing a concession agreement with Ray Ray's LLC for the East Crawford Recreation Area. (6.3) Resolution No. 09-6602 authorizing an -agreement for Workers Compensation Third Party Administrator Services with CCMSI, Inc. (6.4) Resolution No. 09-6604 initiating proceedings for the construction of an aquatic center. Moved by Commissioner Jilka, seconded by Commissioner Perney, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 09-10489 annexing a 7.26 acre tract of land into the corporate limits (located north of the Pheasant Ridge Addition and east of Presbyterian Manor). Dean Andrew, Director of Planning, explained the parcels of land and the annexation. Moved by Commissioner Jilka, seconded by Commissioner Perney, to pass Ordinance No. 09-10489 on first reading. Aye: (5). Nay: (0). Motion carried. Page 1 Commission Action # N Z a w 09-73 1 09-773 1110NA 09-774: (7.2) First reading Ordinance No. 09-10490 annexing a 10.97 acre tract of land into the corporate limits (located east of the First Christian Church). Dean Andrew, Director of Planning, explained the parcels of land, the amount of land and the annexation. Moved by Commissioner Perney, seconded by Commissioner Jilka, to pass Ordinance No. 09-10490 on first reading. Aye: (5). Nay: (0). Motion carried. (7.3) First reading Ordinance No. 09-10491 annexing a 9.23 acre tract of land into the corporate limits (located directly north of 2727 E. Crawford). (7.3a) Resolution No. 09-6603 expressing the intent to defer the payment of special assessments. Dean Andrew, Director of Planning, explained the annexation and the deferral of special assessments. Mr. Andrew then responded to Mayor Vanier's question regarding the expansion of Brookwood Lane to Holmes Road and Commissioner Larson's question regarding agricultural deferral and the provisions. Moved by Commissioner Larson, seconded by Commissioner Peck, to pass Ordinance No. 09-10491 on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Resolution No. 09-6603. Aye: (5). Nay: (0). Motion carried. (7.4) First reading Ordinance No. 09-10492 annexing a 36.15 acre tract of land into the corporate limits (located at the northeast corner of Crawford Street and Holmes Road). Dean Andrew, Director of Planning, explained the annexation, the sewer interceptor and the detention pond. Mr. Andrew also responded to Commissioner Perney's question regarding the ownership,of Holmes Road and Mayor Vanier's question regarding Holmes Road standards being brought up to City standards before it can be annexed into the City. Moved by Commissioner Larson, seconded by Commissioner Peck to pass Ordinance No. 09-10492 on first reading. Aye: (5). -Nay: (0). Motion carried. (7.5) Application Z08-11(filed by Landmark Development Company), requesting approval of a change in zoning district classification from Saline County AG (Agricultural) to Planned Development District R-1 (Single -Family Residential) and R-2.5 (Multi -Family Residential) in the future Wheatland Hills Addition (7.5a) First reading Ordinance No. 09-10493 Dean Andrew, Director of Planning, explained the zoning district classification and development limitations. Mr. Andrew responded to Commissioner Pemey's comment regarding the location of the high density housing on the plat and to Commissioner Larson's question regarding height of the high density housing. Moved by Commissioner Perney, seconded by Commissioner Jilka, to take the item back to the Planning Commission for reconsideration. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 09-10488 approving the issuance of general obligation bonds for the Salina Airport Authority. Mayor Vanier reported that Ordinance No. 09-10488 was passed on first reading on March 2, 2009 and since that time no comments have been received. Page 2 Commission Action # 1 09-77431 09-77 09-77 09-77 09-774' 09-77 Moved by Commissioner Peck, seconded by Commissioner Larson, to adopt Ordinance No. 09-10488 on second reading. A roll call was taken. Aye: (5) Jilka, Larson, Peck, Perney, Vanier. Nay: (0). Motion carried. (8.2) Resolution No. 09-6601 authorizing the City Manager to execute an agreement with Long McArthur Ford for the purchase of a 2006 Ford Explorer for use by the Salina Fire Department. Fire Chief Larry Mullikin explained the agreement. Chief Mullikin then responded to Commissioner Perney's question regarding the status of Fire Investigation/K9 Response Unit and the program length and Commissioner Jilka's question regarding the role of an arson detection dog. Moved by Commissioner Larson, seconded by Commissioner Peck, to adopt Resolution No. 09-6601. Aye: (5). Nay: (0). Motion carried. (8.3) Kenwood Park (8.3a) Executive Session (8.3b) Public Action 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 adversely affect the City's interest in the matters and reconvene in this room at 4:58 p.m. Motion carried. Moved by Commissioner Larson, seconded by Commissioner Jilka, to extend the current executive session for an additional five minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:43 p.m. and reconvened at 5:06 p.m. (8.3b) Resolution No. 09-6605 authorizing the Mayor to enter into a property lease agreement for Kenwood Park with Saline County. (8.3c) Resolution No. 09-6606 authorizing the Mayor to enter into a license agreement with Saline County for a prescribed use and defined term related to Kenwood Park as an alternate option to the proposed property lease. Jason Gage, City Manager explained the history, the license and lease agreements, the objectives, and areas of agreement, concerns and disagreement. A discussion followed between Mayor Vanier, Mr. Gage and City Attorney Greg Bengtson regarding the City's Strategic Plan, and the terms of the lease agreement Mayor Vanier commented on the Salina Journal's statement of the one-year termination of the lease and that the proposed agreement will allow a lease until 2011 or 2012. Mr. Gage responded to Commissioner Peck's question regarding the minimum number of fairs allowed under this agreement. Gary Schwartzendruber, 528 S. College, felt that there is no opportunity of the County to rebuild on that land. Mr. Gage and Mr. Bengtson also responded to Mr. Schwartzendruber's question regarding the rebuilding and reconstruction of the buildings located on the land. A discussion followed between Commissioner Perney, Commissioner Jilka and Mr. Gage regarding the County's proposal of new development and land control. Moved by Commissioner Peck, seconded by Commissioner Jilka, to adopt Resolution No. 09- 6605. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Larson, seconded by Commissioner Peck, to adopt Resolution No. 09-6606. Aye: (5). Nay: (0). Motion carried. Page 3 Commission Action # 0 LO Z a w 09-77 U lu 1 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 5:39 .p.m. [SEAL] ATTEST: Lieu Ann Elsey, CMC, C' Clerk John . Vanier II, Mayor Page 4