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01-03-2011 Minutes11-0001 11-0002 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS January 3, 2011 4:00 p.m. The Citv Commission convened at 2:30 p.m. in a Study Session on the Fast Magnolia Impact Street Design. 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, Presiding Officer Commissioner Samantha P. 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 Lieu Ann Elsey, City Clerk CITIZEN FORUM None. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT' AGENDA (6.1) Approve the minutes of December 20, 2010. (6.2) Authorize the repair of a river water pump at the River Pump Station, Project No. 10-2848 by Layne Christensen Company in an amount of $16,307. (6.3) Authorize the purchase of two police vehicles from Long McArthur Ford. (6.4) Authorize an agreement with Union Pacific Railroad to perform at -grade public road crossing improvements on State Street (east of Broadway). Moved by Commissioner Larson, seconded by Commissioner Jennings, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT, BUSINESS None. ADMINISTRATION (8.1) Second reading Ordinance No. 10-10587 providing local amendments to Appendix I I of the International Building Code and to Chapter 8 of the Salina Code pertaining to signs. Mavor Peck noted that Ordinance No. 10-10587 was passed on first reading on December 20, 2010 and since that time no comments have been received. Moved by Commissioner Angell, seconded by Commissioner Arpke, to adopt Ordinance No. 10-10587 on second reading. A role call vote was taken. Ave: (5) Angell, Arpke, Jennings, Larson, Peck. Nay: (0). Motion carried. (8.2) Resolution No. 11-6795 requesting Congress to implement legislation for an annual allocation of the Land and Water Conservation Fund to the State Assistance program. Page I 11-0003 11-0004 11-0005 11-0006 11-0007 11-0008 Chris Curtis, Recreation Superintendent, explained the allocation and resolution of support. Moved by Commissioner Angell, seconded by Commissioner Larson, to adopt Resolution No. 11-6795. Aye: (5). Nay: (0). Motion carried. (8.3) Ordinance No. 11-10588 amending Chapter 14, Division 2 of the Salina Code pertaining to fireworks. (8.3a) Resolution No. 11-6796 establishing a consumer fireworks facility temporary use permit application fee and a consumer fireworks facility temporary use permit fee. Greg Bengtson, City Attorney, explained the classification of fireworks, International Fire Code, state legislation, and the proposed ordinance. A discussion followed between the City Commission, Mr. Bengtson, Fire Chief Larry Mullikin, City Manager Jason Gage, Director of Community and Development Gary I-Iobbie, Deputy City Manager Michael Schrage, Fd Winebrenner (retailer), Jerry Farha (retailer), Eric Winebrenner (retailer), and Kenneth Berg regarding insurance requirements, off-site and on-site fireworks storage, possession of fireworks, permit fees, sale dates, zoning, discharge limitations, display heights, and tent sizes. Mayor Peck requested a five minute recess at 5:29 p.m. and reconvened at 5:34 p.m. Mayor Peck outlined the amendments to the proposed ordinance to include: changing the minimum liability insurance coverage to $1,000,000; removing the section pertaining to possession of consumer fireworks, and amending the section regarding on-site storage to allow on-site storage limited to 10x12 and to include the on-site storage area as part of the permitting fee. Moved by Commissioner Arpke, seconded by Commissioner Jennings, to pass Ordinance No. 11-10588 on first reading as amended. Aye: (3). Nay: (2) Larson, Peck. Motion carried. Moved by Commissioner Aprke, seconded by Commissioner Jennings, to adopt Resolution No. 11-6796 as amended to include the on-site storage area in the permit fee. Aye: (3). Nay: (2) Larson, Peck. Motion carried. OTHER BUSINESS Moved by Commissioner Angell, 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 5:52 p.m. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Larson, seconded by Commissioner Jennings, to extend the current executive session for 20 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission reconvened at 6:30 p.m. No action was taken. A17J0URNME'NT Moved by Commissioner Arpke, seconded by Commissioner Larson, that the regular meeting ob the Board of City Commissioners be adjourned. Aye: (5). y: (0). Motion carried. "The meeting adjourned at 6:30 p.m. [SEAL] ATTEIST: Lieu Ann Elsey, CMC, Clerk A ron G. Peck, Mayor I'agc 2