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05-09-2011 Minutes1 1 u 11.-1137 CITY OF SALINA, KANSAS: REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 9, 2011 . 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Open. Forum. 'I'hc 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 Samantha P. Angell, Presiding "Officer Commissioner Kaye J. Crawford Commissioner Aaron Householter Commissioner Norman Jennings Commissioner Barb Shirley comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk CITIZEN FORUM Ernest Vinson, 2633 E. Key, asked the City of look at ways of saving money on gas and also looking into investing in machinery that would decrease the cost of repaving the streets. City Manager Jason Gage;and Director of Public .Works Michael Fraser responded to Mr. Vinson and commented on the use of recycled asphalt and the City's upcoming Pavement Management Plan. AWARDS AND PROCLAMATIONS (4.1.) The week of May 15 - 21, 2011 as "Police Week in the city of. Salina. Lieutenant Sean Morton read the proclamation and announced upcoming events. (4.2) The week of May 7 - 15, 2011 as "National Travel and 'hourism Week" in the city of Salina. Sylvia Rice, Visit Salina Director, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULF"D FOR A CERTAIN TIME (5.1) Public hearing on the 2010 special assessments projects. (5.1a) Second reading Ordinance No. 11.-10599. Mayor Angell opened the public hearing. Dan Stack, City Engineer, explained the improvements to the benefit district in the Replat of the Bergkamp Subdivision project and the special assessment process. Jerry Callabressi, 460 E. Schilling, commented on the assessments, property access, and asked the City Commission to reduce the cost of the assessment. Mr. Callabressi responded to Mayor Angell's question regarding the platting of the property and property access. A discussion followed between Commissioner Jennings, Mr. Stack, and Deputy City Manager Michael Schrage regarding how.. special assessments are calculated and assessed to corner lots. There being no further comments the public hearing was closed. Moved by Commissioner Jennings, seconded by Mayor Angell, to adopt Ordinance No. 1.1-1.0599 on second reading. A role call vote was taken. Aye: (5) Crawford, l=louseholter, Jerulings, Shirley, Angell. Nay: (0). Motion carried. Page 1 1 1 1 City Manager Jason Gage-, commented. on the special assessment policy and reallocation of special assessments within a benefit district. City Attorney Greg Bengtson then commented on city at -large cost sharing and the affect that would have on the non-taxable bonds. W (5.2) Public hearing and report on Petition #4336 (filed by Mark Miller on behalf of the Perry Residual Trust) requesting the vacation of a portion of the right=of-way for Centennial Road abutting Lots 52, 53, 54 and 55, Block 6 of the Replat of the N Edgemere Addition. C 0 U (5.2a) First reading Ordinance No. 11.-10603. Mayor Angell opened the public hearing. Dean Andrew, Director of. Planning, explained the request and site development plan. A discussion followed between, Commissioner Householter, Mr. Andrew, City Engineer Dan Stack, Mayor Angell, .Deputy City Manager Michael Schrage, and City Attorney Greg Bengtson regarding relocating of the evergreen trees and landscaping regulations.. Mr. Bengtson reminded to Commission that the action is to vacate the property and whether the city finds the property is still needed. Mr. Andrew then responded to Mayor Angell's question regarding notification requirements and the proposed right-of-way. Walley Storey noted that Dillon's will be willing to take care of the tree issue. There being no further comments the public hearing was closed. 1.1-1.1.38 Moved by Commissioner Jennings, seconded by Commissioner Householter, to pass Ordinance No. 11-10603 on first reading. Aye: (5). Nay: (0). Motion carried. (5.3) Public hearing on an appeal (filed by. Terry. Criss on behalf of BFR Metals) of the conditions of approval applicable to Application #CU09-1. requesting approval of a Conditional Use Permit to allow the expansion of an auto salvage yard in an I-1. (Light Industrial) district. Commissioner Householter recused Himself due to.con.flict of interest. Mayor Angell opened the public hearing. Dean Andrew, Director of Planning, explained the request, use of Cherry Street as a primary access, and the Planning Commission's approval being based on the use of Cherry Street on an emergency basis. Terry Criss, applicant's legal representative, commented on the Planning Commission's action, applicant request, and conditional use approval by the Planning Commission. Mr. Criss continued to state that the motion that approved the permit had two stipulations with conforming to the site development plan and not requiring screening along the abandoned railroad line; and that the Planning Commission has added an a additional condition than was originally approved. A discussion followed between Mayor Angell and. Mr. Criss regarding the current conditions and reevaluation of the current site. Mayor Angell questioned the applicant's original intent on the use of the gate on Cherry Street. Mr. Criss indicated that the applicant was asked how many times that gate would be used and told the Planning Commission it would be one or two times a year; however that could mean 50-60 trucks. Greg Bengtson, City Attorney, commented on modifications to conditional use regulations, viewing of the Planning Commission meeting video, and the City Commission responsibility of affirming the action -or sending it back to the Planning Commission. Mr. Bengtson then reminded the Commission of quasi-judicial j responsibilities in this item. Paoc 2 11.-11.39 1 1.1-11.42 11-1.143 11-1.144 There being no further comments the. public hearing was closed. Moved by Commissioner Crawford to send the matter back to the Planning Commission after the City Commission has had a chance to view the tapes of the meetings. Motion died due to lack of a second. Moved by Commissioner Jennings, seconded by Commissioner Crawford, to return the item back to the Planning Commission for reconsideration with a statement specifying the basis of their disagreement with the Planning Comm. ission.'s decision. Moved by Commissioner Jennings, seconded by Commissioner Crawford, to amend the motion to reconsider the matter at the May 17, 2011 Planning Commission meeting. nye: (4). Nay: (0). Abstained: (1) Householter. Motion carried. Mayor Angell called the question to Motion No. 11-11.40 of returning the item back to the Planning Commission for reconsideration at their May 17, 201.1 meeting with a statement specifying the basis of their disagreement with the Planning Commission's decision. nye: (4). Nay: (0). Abstained: (1) Householter. Householter returned CONSENT AGENDA (6.1) Approve the minutes of May 2, 201.1. Moved by Commissioner Jennings, seconded by Commissioner Flouseholter, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Rescind approval of Ordinance No. 09-10525 closing and vacating Cypress Drive (from. Willow Drive on the west to Commanche Avenue on the east in the Replat of Edgemere Addition). Dean Andrew, Director of Planning, explained the petition request, conditions for second reading of the ordinance, and that those conditions were not met. Moved by Commissioner. Householter, seconded by Commissioner Shirley, to rescind the approval of the first reading of Ordinance No. 09-10525. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1.) Award of contract for the 2011 ADA Ramps, Project No. 11.-2863. Dan Stack, City Engineer, explained the project, funding, bids received, licensing requirements, and project timeline. Mr. Stack and City Manager Jason. Gage responded to Commissioner 1=louseholter's question of allowing bids from contractors. that were not licensed, engineer's estimate, and.the use of the remaining funds. Mr. Stack then responded to Commissioner Crawf.ord's question on the number of ramps installed at each intersection. Moved by Commissioner Householter, seconded by Commissioner Shirley, to award the contract for the 201.1 ADA Ramps, Project No. 1.1-2863 to Vogts-Parga Construction, LLC in the amount of $32,778 which includes a 5% contingency of $1.,560.75. Aye: (5). Nay: (0). Motion carried. (8.2) Authorization to partner with Saline County for asphalt maintenance and overlay on North Ohio. Dan Stack, City Engineer, explained the rutting, potholes, and cracking of the pavement and project cost savings. City Manager Jason Gage commented on safety issues due to rutting. Page 3 z W 1.1-11461 1.1-11.47 1 Ernest Vinson, 2633 E. Key, expressed the need of blacktopping of Ohio Street and concerns of the asphalt quality. Commissioner Crawford commented on the .number of potholes within the city and the need to get them repaired. - Mr. Gage commented on the scope of the project and asphalt availability, mixtures, life. Moved by Commissioner Householter, seconded by Commissioner Jennings, to authorize the City to partner with Saline County for asphalt maintenance and overlay ori North Ohio by paying APAC-Kansas directly for the City share of the work, Project No. 1.1-2852, in the amount of $69,002.99, which includes a 5% contingency. Aye: (5). Nay: (0). Motion carried. (8.3) Request for executive session (legal). Moved by Commissioner Jennings, seconded by Commissioner Crawford, to recess into executive session for 20 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 5:55 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed, into executive session. at .5:35 p.m. and reconvened at 6:33 p.m. No action was taken. OTHER BUSINESS None. AllJnURNMENT Moved by Commissioner Householter, seconded by Cornmissioner Shirley, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:33 p.m. [SEAL] Ar 'TEST: Lieu Ann Elsey, CMC, Qt Clerk Samant VAgell,Mayor Page 4