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05-10-2010 MinutesCommission Action # n D 10-0119 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD'OF COMMISSIONERS May 10, 2010 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Open Forum. 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 Aaron G. Peck, Chairman presiding Commissioner Samantha Angell Commissioner Tom Arpke Commissioner Norman Jennings Commissioner M. Luci Larson 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 John Miller, 505 Moon Drive, commented about the property he owned on North Ohio. He continued to express his concerns with the North Ohio Overpass, the court system, Police Department, Neighborhood Services Division, and the animal control. AWARDS - PROCLAMATIONS (4.1) The week of May 8-16,2010 as "National Travel and Tourism Week" in the city of Salina. Sylvia Rice with the Salina Area Chamber of Commerce read the proclamation and announced upcoming events. (4.2) The week of May 9-15, 2010 as "Police Week" and the day of May 15, 2010 as "Peace Officers' Memorial Day" in the city of Salina. Lieutenant Sean Morton with the Salina Police Department read the proclamation and announced upcoming events. (4.3) The week of May 16-22, 2010 as "Emergency Medical Services Week" in the city of Salina. Scott McCready with the Salina Fire Department read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME ren. CONSENT AGENDA (6.1) - Approve the minutes of May 3, 2010 Moved by Commissioner Larson, seconded by Commissioner Jennings, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #PDD10-1 requesting a change in zoning district classification from R-1 (Single Family Residential) to PDD R-3 (Multi -Family Residential) to allow construction of a new five-plex apartment building on property addressed as 662-664 S. 91h Street. (7.1a) First reading Ordinance No. 10-10546. Dean Andrew, Director of Planning and Community Development, explained the property location, the request, and the Planning Commission recommendation. A discussion followed between Commissioner Larson, Mr. Andrew, and Commissioner Arpke regarding the alley drainage and flooding and parking issues. Page 1 Commission Action # 10-01201 u) Z W L7 10-0121 10-01221 10-0123 10-0124 10-0125 Moved by Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance No. 10-10546 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Illicit Discharge and Erosion Control (8.1a) ' First reading Ordinance No. 10-10544 amending Chapter 24 of the Salina Code by adding Article II pertaining to illicit discharge. (8.1 b) First reading Ordinance No. 10-10545 amending Chapter 24 of the Salina Code by adding Article III pertaining to erosion control. Mike Schrage, Deputy City Manager, explained the EPA mandate and the conditions of the NPDES permit and the amendments. Mr. Schrage and Jason Gage, City Manager, responded to Commissioner Angell's questions regarding power washing, the company being required to be in compliance versus the homeowner, and the conflict definitions of wastewater and the storm water. Moved by Commissioner Larson, seconded by Commissioner Angell, to adopt Ordinance No. 10-10544 on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Larson, seconded by Commissioner Angell, to adopt Ordinance No. 10-10545 on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) First reading Charter Ordinance No. 36 exempting from the provisions of K.S.A. § § 12-4202, 12-4203,12-4204, and 12-4207 regarding public officials with the authority to sign and serve municipal court complaint or notice to appear and repealing a portion of Section 23-1 of the Salina Code. Jared Johnson, Assistant City Attorney explained the request for exemption from the state provisions and the citation process. John Miller, 505 Moon Drive, commented on the Animal Shelter's knowledge of the laws to issue citations. Jason Gage, City Manager, responded to Mr. Miller's concerns. Mike Schrage, Deputy City Manager and Mr. Johnson responded to Commissioner Arpke's question regarding the number of citations issued in a year. Moved by Commissioner Angell, seconded by Commissioner Arpke, to adopt Charter Ordinance No. 36 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) Approve an engineering services agreement for the Cedar Ridge Drive Improvements, Project No. 10-2809 (with BWR Corporation in the amount of $52,550). Dan Stack, City Engineer requested the item be pulled until next week. Moved by Commissioner Jennings, seconded by Commissioner Arpke, to postpone Item 8.3 until May 17, 2010. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Larson, seconded by Commissioner Angell, that the regular Meeting of the Board of Commissioners be adjourned. Ay : (5). N (0). Motion carried. The meeting adjourned at 4:40 p.m. A on G. Peck, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, City Clerk Page 2