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03-01-2004 MinutesThe City Commission convened at 2:30 p.m. in a Study Session for the 2003 Year -End Financial Report, 2003 C.I.P. Year End Report, and Legislative Update and discussion. 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 Alan E. Jilka, Chairman presiding Commissioner Deborah P. Divine Commissioner Donnie D. Marrs Commissioner Monte D. Shadwick Commissioner Paul G. Webb comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Michael Morgan, Deputy City Manager Lieu Ann Elsey, City Clerk Absent: None None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) A proclamation honoring Dr. Gary Norris for his dedication and service to Salina USD 305. Mayor Jilka read the proclamation. Dr. Norris thanked city staff for their work and the collaboration between the school district and the City of Salina. (4.2) The day of March 2, 2004 as "National Sportsmanship Day" in the City of Salina. Mike Gleason, project coordinator, read the proclamation and announced related events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of February 23, 2004. (6.2) Resolution No. 04-6054 considering a rate change proposed by Cox Communications, Inc. for basic service. (6.3) Resolution No. 04-6052 authorizing an agreement with PATDAN, Inc. for concession operations. (6.4) Resolution No. 04-6057 eliminating the Emergency Medical Service Council. Commissioner Divine noted the rate changes in Item 6.2. DEVELOPMENT BUSINESS (7.1) Resolution No. 04-6055 authorizing an annexation agreement with Wallclay, L.L.C. pertaining to the annexation of property located on the east side of South Ninth Street in the South Industrial Area. (7.2) Application #A04-1, filed by Wallclay, L.L.C., requesting annexation of a 2.27 acre site located on the east side of South Ninth Street in the South Industrial Area. (7.2a) First reading Ordinance No. 04-10188. Dean Andrew, Director of Planning and Community Development, explained the annexation request and agreement. Mr. Andrew noted that the applicant has filed a voluntary petition requesting annexation in order to have access to city utilities and services. Mr. Andrew also summarized the land use plan for the area and the Planning Commission's recommendation. A discussion followed between the Commission, City Manager Dennis Kissinger, and Mr. Andrew pertaining to the request, South Ninth Street Corridor Plan, fire protection, the South Ninth Street overlay district, and future development of the area. 04-6302 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to adopt Resolution No. 04-6055. Aye: (4). Nay: (1) Marrs. Motion carried. 04-6303 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to pass Ordinance No. 04-10188 on first reading. Aye: (4). Nay: (1) Marrs. Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 03-10176 requesting a change in zoning district classification for R-2 and R-3 on two lots located at the southwest corner of Ohio Street and The Midway (aka 330 & 332 S. Ohio Street). Dean Andrew, Director of Planning and Community Development, explained that Ordinance No. 03-10176 was passed on first reading on November 24, 2003 and the City Commission postponed final action on the ordinance until a corridor study for the section of Ohio Street, between Iron Avenue and Greeley Avenue was presented. Mr. Andrew noted that Commissioners reviewed the character of the corridor at the study session on February 23, 2004. Moved by Commissioner Shadwick to adopt Ordinance No. 03-10176 on second reading. Motion failed due to lack to second. Application and ordinance failed due to no motion presented by the Commission. (8.2) Second reading Ordinance No. 03-10184 requesting a change in zoning district classification RS (Residential Suburban) to PDD R-2.5 (Multi -Family Residential Planned Development) and PDD C-1 (Restricted Business Planned Development) of a' 7.47 acre tract of land located on the east side of South Ohio Street, south of the First Southern Baptist Church (aka 2515 S. Ohio Street). Dean Andrew, Director of Planning and Community Development, explained that Ordinance No. 03-10184 was passed on first reading on December 22, 2003. Second reading was held until the City Commission authorized the Mayor to sign the final plat of the Overland View Addition. 04-6305 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to adopt Ordinance No. 03-10184 on second reading. A roll call was taken. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.3) Resolution No. 04-6056 setting the date for a public hearing on an optional Holly Lane special assessment improvement district. 2 04-6306 Moved by Commissioner Divine, seconded by Commissioner Mans, to adopt Resolution No. 04-6056. Aye: (5). Nay: (0). Motion carried. (8.4) Approval of the 2004 Capital Improvement Program sub -plans. Michael Morgan, Deputy City Manager, explained plans. Mr. Morgan and Director of Public Works Shawn O'Leary responded to Commissioner Divine's questions pertaining to the North Ninth Street Frontage Road project and the location of Pump Station `B". 04-6307 Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to approve the 2004 Capital Improvement Program sub -plans. Aye: (5). Nay: (0). Motion carried. (8.5) Request for Executive Session (real estate). 04-6308 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to recess into Executive Session for 20 minutes for preliminary discussions relating to the acquisition of real estate for the reason that public discussion of the matter could jeopardize the ability of the City to acquire the real estate at fair market value; and reconvene at 5:16 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into Executive Session at 4:54 p.m. and reconvened at 5:16 p.m. 04-6309 Moved by Commissioner Divine, seconded by Commissioner Webb, to reconvene into the current Executive Session for additional 25 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into the current Executive Session at 5:16 p.m. and reconvened at 5:41 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT 04-6310 Moved by Commissioner Divine, seconded by Commissioner Shadwick, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:41 p.m. Alan E. Jilka, ayot [SEAL] A TEST: /`w Lieu Ann Elsey, City Clerk 3