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06-18-2012 Minutes1 1 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 18, 2012 4:OO.p.m. N a w The City Commission convened at 2:30 p.m. in a Study Session for a Year to Date Performance Report and Pre -Budget Review. 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 o call was taken followed by the Pledge of Allegiance and a moment of silence. U There were present: Mayor Norman M. Jennings, Presiding Officer Commissioner Samantha P. Angell Commissioner Kaye J. Crawford Commissioner Aaron Householter 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 Dennis Rinker, 1773 23rd Road, Kannapolis, invited the Commission to attend a meeting hosted by Salina Cares at the Public Library regarding fluoridation. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing regarding a Kansas Public Water Supply Loan Fund to finance improvements to the City's water supply and distribution system. (5.1a) Resolution No. 12-6911. Martha Tasker, Director of Utilities, explained the loan, public hearing requirement, and improvement cost estimates. Ms. Tasker also noted that Don Lindimann and Laurie Hill from HDR were present. Mr. Lindimann summarized the raw water supply, phasing and scope of the improvements, environmental clearances, and financing options. Mayor Jennings opened the public hearing. There being no further comments the public hearing was closed. 12-0136 Moved by Commissioner Angell, seconded by Commissioner Householter, to adopt Resolution No. 12-6911. Aye: (5). Nay: (0). Motion carried. (5.2) Public hearing and report on Petition No. 4345 (filed by Sean A. VanMeter) requesting vacation of the south 14 feet of the north 48 feet of Lot 3, Block 5 of the Country Oak Estates Addition. (5.2a) First reading Ordinance No. 12-10641. The public hearing was continued from June 4, 2012. Dean Andrew, Director of Planning, explained the request and placement of the accessory building. Mr. Andrew noted that staff had concluded that the identified entire request area was unnecessary to make the petitioner's back yard large enough to be buildable. Sean VanMeter, petitioner, expressed his concerns of the building taking up most of the square footage of the lot and future home expansion plans. Mr. VanMeter noted that he would accept a reduced amount of six or seven feet. Page 1 A discussion followed between Commissioner Householter and Mr. Andrew regarding future use of the property and corridor requirements. There being no further comments the public hearing was closed. 12-0n37 Moved by Commissioner Shirley, seconded by Commissioner Householter, to vacate a w lesser amount of six feet of the requested right-of-way. Aye: (5). Nay: (0). Motion carried. 12-(a38 Moved by Commissioner Shirley, seconded by Commissioner Householter, to pass Ordinance No. 12-10641 on first reading as modified. Aye: (5). Nay: (0). Motion carried. N C U (5.3) Public hearing and report on Petition No. 4347 (filed by Peter Browning on behalf of Salina Concrete Products) requesting vacation of the Park Street right-of-way from the west line of the North Chicago Street right-of-way to the west line of Lot 9, Block 14, Elmdale Addition. (5.3a) First reading Ordinance No. 12-10645. Mayor Jennings opened the public hearing. Dean Andrew, Director of Planning, explained the request, affected franchise and utility entities and their objection to the vacation. Mr. Andrew continued to note that if the entire right-of-way is vacated, it should be retained as a public utility and drainage easement. Mr. Andrew then responded to Commissioner Householter's question regarding street lighting. A discussion followed between City Manager Jason Gage, Mr. Andrew, and Public Works Director Michael Fraser regarding the City's objection of preserving the right-of-way instead of use as an easement and the street maintenance. Peter Browning, petitioner, spoke on the requests, and the benefits of closing the street. Mr. Browning noted that they agreed with allowing the property to be retained as a public utility and drainage easement if vacated. There being no further comments the public hearing was closed. 12-0139 Moved by Commissioner Householter, seconded by Commissioner Shirley, to pass Ordinance No. 12-10645 on first reading. 12-0140 Moved by Commissioner Angell, seconded by Commissioner Crawford, to amend the motion to include that the vacated right-of-way is to be retained as a public utility and drainage easement and the petitioner shall either install a gate or a standard traffic barrier meeting the criteria established by the ' City Engineer at the east end of the vacated street right-of-way at a location approved by the City Engineer. Aye: (5). Nay: (0). Motion carried. Mayor Jennings called the question to Motion No. 12-0139 as amended. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of June 11, 2012. 12-0141 Moved by Commissioner Housholter, seconded by Commissioner Angell, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) Second reading Ordinance No. 12-10643 approving an amended preliminary/ final development plan for the Storage Mart PDD located at 2820 Foxboro Road. Mayor Jennings noted that Ordinance No. 12-10643 was passed on first reading on June 11, 2012 and since that time no comments have been received. Page 2 12-0142 Z w m c 12-0143 0 U 12-0144 12-0145 1 12-0146 12-0147 L Moved by Commissioner Crawford, seconded by Commissioner Angell, to adopt Ordinance No. 12-10643 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried. (8.2) Approve an agreement for design services related to interconnecting and adjusting timings for traffic signals along the Ninth Street corridor. Dan Stack, City Engineer, explained the- project, agreement, and funding. Moved by Commissioner Shirley, seconded by Commissioner Crawford, to approve an agreement for design services related to interconnecting and adjusting timings for traffic .signals along the Ninth Street corridor with H.W. Lochner, Inc. in the amount not to exceed $15,736.22. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 12-6907 authorizing farm lease agreements with Alvin Farris. Michael Fraser, Director of Public Works, explained the quotes received fiscal impact, and agreements. Moved by Commissioner Angell, seconded by Commissioner Crawford, to adopt Resolution No. 12-6907. Aye: (5). Nay: (0). Motion carried. (8.4) Award of contract for the 2012 Street Markings, Project No. 12-2914. Dan Stack, City Engineer, explained the project, bids received, and funding. Mr. Stack then responded to Commissioner Householter's question regarding the high bid submitted by Cillessen & Sons. Moved by Commissioner Crawford, seconded by Commissioner Householter, to award the contract for the 2012 Street Markings, Project No. 12-2914 to Highway Signing, Inc. in the amount of $23,044.36 plus a 5% construction contingency in the amount of $1,152.22. Aye: (5). Nay: (0). Motion carried. (8.5) Request for executive session (legal). Moved by Commissioner Shirley, seconded by Commissioner Angell, 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 5:10 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:55 p.m. and reconvened at 5:33 p.m., No action was taken. OTHER BUSINESS None. ADJOURNMENT Moved by Commissioner Angell, seconded by regular meeting of the Board of City Commission Motion carried. - The meeting adjourned at 5:33 p.m. [SEAL] A TEST: Lieu Ann Elsey, CMC, Ci Clerk Norman M! J tat the ay: (0). Page 3