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03-14-2011 Minutes11-0063 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 14, 2011 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Mobile I tome Park Tour. 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 Norman Jennings Commissioner M. Luci Larson Commissioner John K. Vanier 11 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 TIMI: None. CONSI:N'r AGENDA (6.1) Approve the minutes of March 7, 2011. (6.2) Authorization to contract with Caterpillar to rebuild the landfill scraper in the amount of $328,169.75. (6.3) Authorize the submittal of an application for the 2011 Kansas Emergency Shelter Grant Program. Moved by Commissioner Vanier, seconded by Commissioner Jennings, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Du'1 iLoI'MI:N'I' BUSINESS None. ADMINISTRATION (8.1) First reading Ordinance No. 11-10593 amending Chapter 8, Article 1, Division 1, Section 8-12.5.4.1 of the Salina Code to provide a local amendment to the International Building Code Section 903.2.7 pertaining to automatic fire sprinkler systems. Gary Hobbie, Director of Development Services, explained the amendment. 11-0064 Moved by Commissioner Angell, seconded by Commissioner Larson, to pass Ordinance No. 11-10593 on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Consider cleanup amendments to Ordinance No. 11-10588 pertaining to the discharge and sale of fireworks within the city limits. Dean Andrew, Director of Planning, explained the discharge regulations and proposed amendments. Page I A discussion followed between the Commission, City Manager Jason Gage, Mr. Andrew, and Deputy City Manager Michael Schrage regarding the discharge area distance and location restrictions. Commissioner Angell commented that she would be comfortable with the 100 foot distance requirement, but felt that the burden should be placed on the firework vendors versus the residents. Commissioner Jennings expressed his concerns and opposition of the 100 -foot radius. Commissioner Vanier concurred. Robert Sweet, Hutchinson, Kansas (fireworks vendor), commented that majority of the areas are 100 feet, and expressed concerns of the 300 foot radius. 11-0065 Moved by Commissioner Jennings, seconded by Commissioner Vanier, authorize staff to proceed with amendments to Ordinance No. 11-10588 to amend the prohibition on fireworks discharge within 100 feet to 300 feet. Ave: (5). Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 11-10592 amending Chapter 42, Article IV, Section 42-59(d) of the Salina Zoning Ordinance to add consumer fireworks facilities as a permitted temporary use in certain commercial zoning districts of the city. Dean Andrew, Director of Planning, outlined the setback requirements. Robert Sweet commented on the location limitations due to the setback requirements. Mr. Andrew then responded to Commissioner Jennings' question regarding setback 1 requirements for other temporary use permits and Commissioner Angell's question regarding the tent or canopy setback requirements. 11-0066 Moved by Commissioner Angell, seconded by Commissioner Vanier, to adopt Ordinance No. 11-10592 on second reading with amendments to modify 50 feet setback to 25 feet 300 feet to 100 feet from public right-of-ways. A role call vote was taken. Aye: (5) Angell, Jennings, Larson, Vanier, Peck. Nay: (0). Motion carried. (8.4) Resolution No. 11-6809 amending Resolution No. 05-6168 related to the initiation of street improvements on Pacific Avenue. Rod Franz, Director of Finance and Administration, explained the project, funding, and final costs. 11-0067 Moved by Commissioner Jennings, seconded by Commissioner Larson, to provide funding from the Capital Improvements Sales Tax and amend the budget. Ave: (5). Nay: (0). Motion carried. (8.5) Approve an engineering services agreement for the Fust Cloud Street Improvements, Project No. 10-2817. Dan Stack, City Engineer, explained the project, funding, and agreement. John Blanchard, 2530 Edward, commented on the need for the improvements and use of the local engineering firm. Mr. Blanchard asked questions on the bid process, future infrastructure, levee decertification impact, public input, sidewalk and trail improvements, master plan for the area and landscaping. Jason Gage, City j Manager, responded. 11-0068 Moved by Commissioner Vanier, seconded by Commissioner Jennings, to approve an engineering services agreement for the East Cloud Street Improvements, Project No. 10- 2817 with I -1.W Lochner, Inc. in the amount of $155,014. Aye: (5). Nay: (0). Motion carried. (8.6) Resolution No. 11-6808 authorizing a license agreement with CenturyTel fiber Company 11 to allow installation of a private fiber optic cable within the Schilling Road right-of-way. Dan Stack, City Engineer, explained the request. Mr. Stack then responded to Commissioner Vanier's question regarding the burrowing underground. Parc 2 11-0069 Moved by Commissioner Vanier, seconded by Commissioner Jennings, to adopt Resolution No. 11-6808. Aye: (5). Nay: (0). Motion carried. (8.7) Approve an Artist Selection/ Project Agreement for the South Ninth Street Median project. Steve Hardesty, Interim Director of Arts and Humanities, explained the project, art selection process, and funding. Greg Bengtson, City Attorney, summarized the agreements relating to the process of the project and the copyrights, fabrication, and property and artist rights. A discussion followed between the Mr. Bengtson, Commission, City Manager Jason Gage, Carla Pricket and Brad Anderson with the Arts and Ilumanities regarding removal, destruction, and maintenance of the art, payment schedule of the project, location, size, property ownership, use of the corridor, and art integrity. John Blanchard, 2530 Edward, questioned the types of lights used, lighting affecting the copyrights, and budget for lighting expense. Mr. Gage responded to Mr. Blanchard noting that LED lights would be used Mr. Bengston noted that the agreements have not been accepted by the artist and asked that the City Manager would be given the authority to make any non - substantive changes. 11-0070 Moved by Commissioner Jennings, seconded by Commissioner Larson, approve the Design, Fabrication, Installation Agreement and the Agreement with the Artist for the South Ninth Street Median Project and amend the agreements to include language for modification and removal, and allow the city manager to make any non -substantive changes to the agreements for finalization. Aye: (5). Nay: (0). Motion carried. O"rm,IR BUSINESS Commissioner Jennings asked that staff in a future study session to review the t establishment of public art in projects. s Commissioner Angell asked to review the Community Art and Design Policy and i affect on the current economic condition. ADJOURNMENT 11-0071 Moved by Commissioner Vanier, seconded by Commissioner Angell, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Na (0). Motion I carried. The meeting adjourned at 6:02 p.m. i [SEAL] A ron G. Peck, Mayor A l I'I;S'I', Lieu Ann Elsey, CM , City Clerk Page I