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03-08-2010 MinutesCommission Action # 1 1 Z W 0 N U 10-00571 10=00581 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 8, 2010 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Floodplain Mapping Appeals. 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 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 1, .2010 (6.2) Award of contract for the 2010 — 2012 Utilities Department Mowing Services to Ponton Construction, Inc. for the annual fee of $32,491.63. Moved by Commissioner Peck, seconded by Commissioner Arpke, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Moved byCommissioner Peck, seconded by Commissioner Jennings, to add an executive session to the agenda. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z92 -6A, filed by Casey's General Stores, requesting an amendment of a PC - 5 (Planned Service Commercial) district to allow new drying equipment and overhead doors to be added to their automated car wash facility on property addressed as 215 W. Crawford Street. (7.1a) First reading Ordinance No. 10-10537 Dean Andrew, Director of Planning, explained the request and the Planning Commission's recommendation and conditions of approval. A discussion followed between City Manager Jason Gage, Mr. Andrew, Mayor Larson, and Commissioner Jennings regarding the conditions, noise levels, notification to the affected property owners, and distance from the car wash to the closest residential property. Page 1 Commission Action # 1 1 W 10-059 U 10-0060 10-0061 10-0062 10-00631 Jeff Rosener, Casey's representative, responded to Commissioner Jennings' question regarding the noise and closing of the car wash doors. Mr. Rosener commented that they would look at that option is complaints are received. A discussion followed between Greg Bengtson, City Attorney, Mr. Andrew, Mayor Larson, Mr. Gage, and Commissioner Jennings regarding the closing of the front and back car wash doors and handling of possible future complaints of noise. Moved by Commissioner Peck, seconded by Commissioner Jennings, to pass Ordinance No. 10-10537 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Application #Z98 -11A, filed by Casey's General Stores, requesting an amendment of a PC - 5 (Planned Service Commercial) district to allow new drying equipment and overhead doors to be added to their automated car wash facility on property addressed as 1100 E. Iron Avenue. (7.2a) First reading Ordinance No. 10-10538. Dean Andrew, Director of Planning, explained the request and Planning Commission's recommendation and conditions of approval. Moved by Commissioner Peck, seconded by Commissioner Jennings, to pass Ordinance No. 10-10538 on first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Application #Z10-3, filed by Delwin Newman, requesting an amendment to Chapter 42, Article IV, Section 42-60 pertaining to home occupations to allow window tinting as a permitted home occupation in residential zoning district and allow the Board of Zoning Appeals to approve automotive window tinting as a home occupation that can be conducted in a detached garage. (7.3a) First reading Ordinance No. 10-10539. Dean Andrew, Director of Planning, explained the request and Planning Commission's recommendation. A discussion followed by Commissioner Jennings and Mr. Andrew regarding additional cars at the residence and limited the number cars at the location. Additional comments followed between Mayor Larson and Mr. Andrew regarding previous municipal court actions, and creating an exception. Moved by Commissioner Jennings, seconded by Commissioner Angell, to pass Ordinance No. 10-10539 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Request for executive session (legal). Moved by Commissioner Peck, seconded by Commissioner Arpke, 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 at 4:55 p.m. The City Commission recessed into executive session at 4:40 p.m. and reconvened at 6:55 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Jennings, seconded by Commissioner Angell, that the Regular Page 2 Commission Action # Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:55 p.m. 74�uci so , ayor Z [SEAL] w ATTEST: 0 Shandi Wicks, Deputy City Clerk U Page 3