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03-25-2013 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 25, 2013 4:00 p.m. w The City Commission convened at 2:30 p.m. in a Study Session for a Community -wide A Recycling Feasibility Report. The regular meeting 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. 3 Those present and comprising a quorum were: Mayor Norman M. Jennings (presiding), Commissioners Samantha P. Angell, Kaye J. Crawford, Aaron Householter, and Barb Shirley Others present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg Bengtson, City Attorney; and Lieu Ann Elsey, City Clerk CITIZEN FORUM The month of April 2013 as "Patriot Month' in the city of Salina. Susan Montoy and Rachel Hinde read the proclamation and announce upcoming events. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4353 (filed by John Hendricks on behalf of Premer Brothers Properties) requesting vacation of 30 ft. of platted restricted access on Lot 3, Block 2 of the Riffel Addition plus the abutting vacated right-of-way to allow a right in - right out driveway opening on the west side of South 9th Street a distance of 515 feet south of Schilling Road. ' (5.1a) First reading Ordinance No. 13-10672. The public hearing was continued from January 28, 2013. Dean Andrew, Director of Planning, explained the request, continuation, and that no revised site plan has been received from the applicant. Ken Wasserman, attorney representing the applicant, requested a 60 day extension. A discussion followed between Mayor Jennings and Mr. Andrew regarding the filing fee and notice period. 13-0087 Moved by Commissioner Angell, seconded by Commissioner Householter, to continued the public hearing until June 3, 2013 direct the petitioner to modify their petition and plan to redesign and/or relocate the proposed driveway so it would be located and designed to function as a true shared access drive and not as a driveway serving an individual business parking lot. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of March 18, 2013. (6.2) Award of contract for the 2013 ADA Ramps Project No. 13-2960 to Davis Concrete Construction in the amount of $40,645.90 with a 3% construction contingency of $1,219.38. ' A discussion followed between Commissioner Crawford, City Manager Jason Gage, City Engineer Dan Stack, and Commissioner Householter regarding the project budget, estimation of ramps completed, and increasing the scope of work. 13-0088 Moved by Commissioner Crawford, seconded by Commissioner Householter, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z94 -2A (filed by Waters Realty) requesting a change in zoning district classification from PC -3 (Planned Shopping Center) to PC -5 (Planned Service Commercial) and approval of an amended site development plan to allow outdoor Page 1 equipment rental display and storage to be added at the Waters True Value Hardware Store located at 460 South Ohio Street. (7.1a) First reading Ordinance No. 13-10686. = Dean Andrew, Director of Planning, explained the request, site plan, and Planning a w Commission's recommendation. h A discussion followed between Commissioner Householter, Mr. Andrew, Commissioner Angell, and Mayor Jennings regarding paving and sidewalk ' requirements. 3 Bob Haworth, Lee Haworth Construction, was available to respond to any questions and commented on the proposed site plan, gravel pavement, and fencing. 13-0089 Moved by Commissioner Angell, seconded by Commissioner Crawford, to pass Ordinance No. 13-10686 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 13-10682 authorizing the city manager to place traffic control devices and regulate traffic generally. Mayor Jennings noted that Ordinance No. 113-10682 was passed on first reading on March 18, 2013 and since that time no comments have been received. 13-0090 II Moved by Commissioner Householter, seconded by Commissioner Shirley, to adopt Ordinance No. 13-10682 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried. (8.2) Resolution No. 13-6992 adopting the 2013 Municipal Water Conservation Plan for the City of Salina. (8.2a) First reading Ordinance No. 13-10684 amending Chapter 41, Article II, ' Division 3, Sections 41-61, 41-61.1 and 41-62 of the Salina Code pertaining to water conservation. Martha Tasker, Director of Utilities, summarized the current and proposed plans, water use efficiency, regulation of private domestic wells, and water rights. Dan Ade, Professional Sprinkler Installation, questioned the allocation of water use, and how shutting off wells will effect the public. Mr. Ade felt that the trigger points do not reflect the ground water levels. A discussion followed between Ms. Tasker, Commissioner Householter, Mayor Jennings, Commissioner Angell, City Manager Jason Gage, Commissioner Shirley, and Mr. Ade regarding water rights, volume capacity, watering restrictions, trigger points, aquifer levels, ground water levels, river levels, drought conditions, usage rates, and efficient irrigation systems. 13-0091 II Moved by Commissioner Crawford, seconded by Commissioner Householter, to adopt Resolution No. 13-6992. Aye: (5). Nay: (0). Motion carried. Mr. Gage noted the delegation of authority to the city manager. 13-0092 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass Ordinance No. 13-10684 on first reading and hold second reading until approval has been received from the Department of Water Resources regarding the delegation of authority to the ' city manager. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS 13-0093 Moved by Commissioner Shirley, seconded by Commissioner Householter, 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 for the purpose of discussing matters pertaining to non -elected City personnel for the reason that public discussion of the matter would violate the privacy rights of the non- elected personnel involved; and reconvene at 6:10 p.m. Aye: (5). Nay: (0). Motion carried. Commissioner Shirley left at 6:15 p.m. Page 2 The City Commission reconvened at 6:40 p.m. No action was taken. ADJOURNMENT 13-0094 Moved by Commissioner Householter, seconded by Commissioner Angell, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (4). Nay: (0). on carried. w The meeting adjourned at 6:40 p.m. N N 1 � [SEAL] /Norman ennings, Mayor ATTEST: Lieu Ann Elsey, CMC, City Clerk Page 3