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03-07-2011 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 7, 2011 4:00 p.m. The City Commission convened at 3:00 p.m. in a Study Session on East Cloud and Cedar Ridge. Projects. 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: Vice Mayor Samantha P. Angell, Presiding Officer Commissioner Norman Jennings Commissioner M. Luci Larson Commissioner John K. Vanier, Il comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Shandi Wicks, Deputy City Clerk Absent: Mayor Aaron G. Peck CI'T'IZEN FORUM None. AWARDS AND PROCLAMATIONS (4.1) Resolution No. 11-6802 expressing gratitude and appreciation to Ronald K. Styles for his employment with the City of Salina from February 1, 2001 to March 18, 2011. 11-0048 Moved by Commissioner Larson, seconded by Commissioner Jennings, to adopt Resolution No. 11-6802. Aye: (4). Nay: (0). Motion carried. Mr. Styles commented on his years of service with the City of Salina. (4.2) Resolution No. 11-6803 expressing gratitude and appreciation to James L. Weese for his employment with the City of Salina from October 29, 1979 to March 15, 2011. 11-0049 Moved by Commissioner Larson, seconded by Commissioner Vanier, to adopt Resolution No. 11- 6803. Aye: (4). Nay: (0). Motion carried. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Accept donation of a new fire safety house from the Home Builders Association of Salina. Fire Chief Larry Mullikin and Fire Inspector Troy Long explained the donation and the features of the fire safety house. Daryl Bixby, Rome Builders Association, presented staff with a plaque to be displayed on the new house. 11-0050 Moved by Commissioner Jennings, seconded by Commissioner Vanier, to accept the fire safety house donation. Aye: (4). Nay: (0). Motion carried. CONSEN'r AGENDA (6.1) Approve the minutes of February 28, 2011. (6.2) Award of contract for the Sanitary Sewer Reconstruction, Project No. 10-2847 to Stevens Contractors, LLC in the amount of $218,090. (6.3) Award of contract for installation of ornamental metal fence for the north end of Oakdale Park, Project No. 11-2867 to Dellinger Fence Company in the amount of $21,265. 11-0051 Moved by Commissioner Vanier, seconded by Commissioner Jennings, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DI VI;I.OPMI;N"I' BUSINESS (7.1) Application #SP10-1, filed by the Dolan Realty Advisors on behalf of Verizon Wireless, requesting approval of a Special Permit (Class C) to allow construction of a monopole communication tower on property addressed as 1433 N. 9th Street. Page 1 Dean Andrew, Director of Planning, explained the current locations of cell towers, request, and Planning Commission's recommendation. A discussion followed between Mr. Andrew and Commissioners Vanier, Larson, and Jennings on the Planning Commission's denial, the proposed location, tower height, neighboring area, property damage, and property access. Mike Douchant, Dolan Realty Advisors, LLC, explained the need of towers in Kansas, the tower height, and setbacks. A discussion followed between Mr. Douchant and the Commission regarding plans if the request was denied, setback requirements, and damage liability. Mr. Andrew and Mr. Douchant responded to City Manager Jason Gage's question regarding; the timeline. Mr. Andrew then answered Commissioner Jennings' question regarding the proposed location and the setback. Commissioner Vanier stated his sympathy and empathy of the request of the application. 11-0052 Moved by Commissioner Vanier, seconded by Commissioner Larson, to request that the applicant modify its proposal to decrease the tower height, the tower design or change its location. Aye: (4). Nay: (0). Motion carried. (7.2) Application #SP10-2, filed by the Dolan Realty Advisors on behalf of Verizon Wireless, requesting approval of a Special Permit (Class C) to allow construction of a monopole communication tower on property addressed as 1635 Copper Court. Dean Andrew, Director of Planning, explained the request, proposed location, setback requirement, and Planning Commission's recommendation. Mr. Andrew then responded to Commissioner Vanier's question regarding notification to adjacent property owners. Mike Douchant, Dolan Realty Advisors, LLC, noted the cooperation from the landowner, and the ability to move the proposed location to conform to the setback requirements. Mr. Andrew responded to Commissioner Jennings' notification to the adjacent property owners. 11-0053 Moved by Commissioner Vanier, seconded by Commissioner Jennings, to approve the Application #SP10-2. Aye: (4). Nay: (0). Motion carried. i !\DM INISTRATION I (8.1) Second reading- Ordinance No. 11-10590 approving a preliminary/ final development plan and a change in zoning district classification from PC -1 (Planned Restricted Business) to PDD R-2.5 (Multi -Family Residential) on property addressed as 715 N. 911, Street. j Commissioner Vanier recused himself due to conflict of interest. I 11-0054 Moved by Commissioner Larson, seconded by Commissioner Jennings, to adopt Ordinance No. 11-10590 on second reading. A role call vote was taken. Ave: (3) Jennings, Larson, Angell. Nay: (0). Motion carried. Commissioner Vanier returned. (8.2) Second reading Ordinance No. 11-10591 vacating the north 20 feet of a 40 -foot utility/ drainage easement on Lots 1 and 2, Block 2 of Riffel Addition No. 2. 11-0055 Moved by Commissioner Jennings, seconded by Commissioner Larson, to adopt Ordinance No. 11-10591 on second reading. A role call vote was taken. Aye: (4) Jennings, Larson, Vanier, Angell. Nav: (0). Motion carried. i (8.3) Resolution No. 11-6806 appointing members to various boards and commissions. i 11-0056 Moved by Commissioner Larson, seconded by Commissioner Vanier, to adopt Resolution No. 11- 6806. Aye: (4). Nay: (0). Motion carried. (8.4) Approve a Performance Contracting Agreement for the Water Meter Replacement, Project No. 11-2868. Martha Tasker, Director of Utilities, explained the project, funding, and agreement. She then responded to Commissioner Jennings' question regarding the project timeframe. i Jason Gage, City Manager, noted that the excess use charge will be watched closely to avoid over charging the citizens. John Blanchard, 2531 Edward, expressed his concerns on water conservation and future staffing. Page 2 Ms. Tasker and Rod Franz, Director of Finance and Administration, responded to Commissioner Vanier's question regarding the program's success in other communities. 11-0057 Moved by Commissioner Vanier, seconded by Commissioner Jennings, to approve a Performance Contracting Agreement. Aye: (4). Nay: (0). Motion carried. (8.5) Report on bids received for the Vehicles and Equipment, Phase I purchases. Commissioner Vanier recused himself due to conflict of interest. Rod Franz, Director of Finance and Administration, explained the bids received. I le also responded to Commissioner Larson s question regarding the removal of one ATV. 11-0058 Moved by Commissioner Jennings, seconded by Commissioner Larson, to approve the 2011 Vehicles and Equipment plan purchases. Aye: (3). Nay: (0). Motion carried. Commissioner Vanier returned. (8.6) Consider requests for Section 888 (Special Alcohol) program for the 2011-2012 funding period. Rod Franz, Director of Finance and Administration, explained the program and the requests received and responded to Commissioners Larson and Jennings on funding allocations and community need. Mr. Franz also noted the cross referral services between the three agencies. Les Sperling, CKF, thanked the commission for the past support and noted the increase in treatment and additional services available. "Todd I-Iadnot, Program Manager with Saint Francis, also thanked the commission for past support and funding, and noted the new services added to the agency. 11-0059 Moved by Commissioner Jennings, seconded by Commissioner Vanier, to approve the Section 888 (Special Alcohol) program for the 2011-2012 funding period in proportion to current funding. Aye: (4). Nay: (0). Motion carried. (8.7) Request for executive session. 11-0060 Moved by Commissioner Vanier, seconded by Commissioner Larson, to recess into executive session for 5 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 5:40 p.m. Aye: (4). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:40 p.m. The Commission reconvened at 5:45 p.m. Vice -Mayor Angell commented that Item 7.2 was approved due to lack of adjacent property owner location responses and attendance to meeting. 11-0061 Moved by Commissioner Vanier, seconded by Commissioner Jennings, to recess into executive session for 5 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 5:46 p.m. Aye: (4). Nay: (0). Motion carried. UTIfER 13USINI-SS None. ii ADJOURNME.NI' 11--0062 Moved by Commissioner Larson, seconded by Commissioner Vanier, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). M 'on carried. The meeting adjourned at 5:50 p.m. [SEAL] Aa on G. Peck, Mayor Lieu Ann Elsey, CMC, Ci Clerk Page