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09-21-2009 MinutesCommission Action # L7_ 09-7959 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 21, 2009 4:00 p.m. The City Commission convened at 2:00 p.m. in a Study Session for a Conservation Code discussion and Downtown Lighting Study. 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 M. Luci Larson, Chairman presiding Commissioner Samantha Angell Commissioner Tom Arpke Commissioner Norman Jennings 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: None None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of October 4 —10, 2009 as "Fire Prevention Week" in the city of Salina. Roger Williams, Fire Marshal, 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 September 14, 2009. Moved by Commissioner Arpke, seconded by Commissioner Peck, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. ii DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 09-10517 amending Article X, Section 42-517 of the Salina Zoning Ordinance to consider guidelines for allowing electronic message center signs for certain uses allowed in residential districts. Dean Andrew, Director of Planning, explained the request, Planning Commission's recommendation, and proposed amendment. A discussion followed between Commissioner Peck, Mr. Andrew, Mayor Larson, City Manager Jason Gage and Deputy City Manager Michael Schrage regarding dimmer controls, strolling messages, and placement of banner signs. Additional discussions followed between Commissioner Angell, Mr. Andrew, Commissioner Jennings, Mayor Larson, Mr. Gage, and Commissioner Peck regarding the exclusion of private facilities, illumination, and minimum lot size and zoning requirements. Page 1 Commission Action # M Z a w m Z6 N C U 1' 09-7961 )IT 1 Mr. Andrew and Mr. Gage explained the zoning text amendment process. Commissioner Arpke expressed his'concerns of allowing electronic signs at the schools, and the safety issues they would cause. Mayor Larson commented on banner signs being difficult to read and scrolling messages posing a distraction to drivers. Mr. Andrew then responded to Commissioner Jennings' question regarding the minimum square foot lot requirement. A discussion then followed between Mr. Gage, Mr. Andrew, Mayor Larson, Commissioner Peck, and Commissioner Jennings regarding sign illumination, scrolling text, and time duration between messages. Mr. Andrew then replied to Commissioner Angell's question on whether other communities or studies have been done that showed that electronic signs caused an increase in traffic accidents. Mr. Andrew then noted the time provisions. Moved by Commissioner Angell, seconded by Commissioner Peck, to pass Ordinance No. 09-10517 on first reading allowing electronic signs in residential districts and amend the ordinance to include assisted living, nursing, and rehabilitation facilities, and governmental buildings. Aye: (4). Nay: (1) Arpke. Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 09-10515 providing a change in zoning district classification from C-2 (Neighborhood Shopping) and Saline County AG (Agricultural) to C-5 (Service Commercial) in the Replat of Plum Orchard Addition. Mayor Larson reported that Ordinance No. 09-10515 was passed on first reading on September 14, 2009 and since that time no comments have been received. Moved by Commissioner Peck, seconded by Commissioner Arpke, to adopt Ordinance No. 09-10515 on second reading. A roll call was taken. Aye: (5) Angell, Arpke, Jennings, Peck, Larson. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 09-10516 annexing the Replat of Plum Orchard Addition. Mayor Larson reported that Ordinance No. 09-10516 was passed on first reading on September 14, 2009 and since that time no comments have been received. Moved by Commissioner Jennings, seconded by Commissioner Angell, to adopt Ordinance No. 09-10516 on second reading. A roll call was taken. Aye: (5) Angell, Arpke, Jennings, Peck, Larson. Nay: (0). Motion carried. (8.3) Resolution No. 09-6656 approving the name and logo for the new aquatic facility located in Kenwood Park. Steve Snyder, Director of Parks and,Recreation, explained the project, how the Parks and Recreation Department obtained suggestions for the name, naming guidelines, Parks and Recreation Advisory Board's recommendation, and the proposed name and logo. Mr. Snyder informed the Commission that Colin Truhe, the student that submitted the name, was present. A discussion followed between Commissioner Jennings, Mayor Larson, City Manager Jason Gage, and Mr. Snyder regarding the use of palm trees and logo coloring. Additional comments were made by Mayor Larson, Commissioner Peck, Mr. Gage, and Chris Curtis, Recreation Superintendent, regarding including "Salina's" or "at Salina" in the name and logo. Commissioner Peck expressed that he liked the "Salina's Kenwood Cove". Mr. Curtis then explained the meaning of the color scheme on the logo. Colin Truhe, South Middle School seventh grader, spoke on his proposal. Page 2 Commission Action # 1 �I L 111006%] Z a w m U 09-79641 09-7965 09-79661 09-7967 09-7968 09-7969 Moved by Commissioner Peck, seconded by Commissioner Arpke, to adopt Resolution No. 09-6656 reflecting the name of the aquatic park to be "Salina's Kenwood Cove." Aye: (5). Nay: (0). Motion carried. (8.4) Resolution No. 09-6660 adopting the International Code Council (ICC) valuation table and revisions to Article IV of the Comprehensive Fee Schedule. Mike Roberts, Building Official, explained how building permit fees are calculated, valuation tables, and the Building Advisory Board's recommendation. Mr. Roberts then responded to Commissioner Jennings' question regarding the sliding fee schedule and Mayor Larson's question regarding notifications of the change to stakeholders. Michael Schrage, Deputy City Manager commented on the use of the modifier tables. Moved by Commissioner Peck, seconded by Commissioner Angell, to adopt Resolution No. 09-6660. Aye: (5). Nay: (0). Motion carried. (8.5) Request for executive session (legal) Moved by Commissioner Peck, seconded by Commissioner Arpke, to recess into executive session for 20 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 at 5:30 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:10 p.m. and reconvened at 5:30 p.m. Moved by Commissioner Peck, seconded Commissioner Jennings, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried At 5:50 p.m., City Attorney Greg Bengtson requested an additional ten minutes. The City Commission reconvened at 6:00 p.m. OTHER BUSINESS Greg Bengtson, City Attorney, informed the City Commission that a proposed settlement agreement relating to the construction and repairs to the North Ohio Overpass project as been reach and requested that the City Commission add the item to the agenda. Moved by Commissioner Angell, seconded by Commissioner Arpke, to add the Settlement Agreement and Release of All Claims in relation to the North Ohio Overpass project be added to the agenda. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Angell, seconded by Commissioner Jennings, to authorize the Mayor to sign the Settle Agreement and Release of All Claims between Wilson & Company and King Construction in relation to the North Ohio Overpass project. Aye: (5). Nay: (0). Motion carried. ADJOURNMENT Moved by Commissioner Arpke, seconded by Commissioner Peck, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:05 p.m. [SEAL] ATTEST: Lieu Ann Elsey, CMC, GJ# Clerk Page 3