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04-12-2004 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 12, 2004 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizens' Open Forum. 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: Michael Morgan, Deputy City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: Dennis M. Kissinger None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of April 25 — May 1, 2004 as "Tire Safety Week" in the City of Salina. Robert Pickrell, Jr., President of Royal Tire Company, read the proclamation. (4.2) The week of April 19 — 25, 2004 as "The Week of the Young Child"' in the City of Salina. Beverly Peterson, Executive Director of Martin Luther King, Jr. Child Development Center, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 5, 2004. 04-6347 Moved by Commissioner Divine, seconded by Commissioner Marrs, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 04-10196 providing for the annexation of a 14 acre tract of land on the south side of Schilling Road and repealing Ordinance No. 03-10164. (7.1 a) Declare an emergency exists for second reading on the same day. (7.1b) Second reading Ordinance No. 04-10196. Dean Andrew, Director of Planning and Community Development, explained that Ordinance No. 03-10164's legal description was based on the Replat of Bland Subdivision. The replat has not been recorded with the Register of Deeds due to the presence of a commercial building within Commission Action # the proposed street right-of-way on the plat. Therefore, since the plat has not been recorded, the annexation ordinance using that description cannot be recorded. Mr. Andrew then responded to Commissioner Marrs' question regarding the schedule of the building to be moved. Robert Pickerell, Jr., 360 S. Morris Drive, explained that the building is currently vacant and should be moved within 30 to 60 days. Mr. Pickerell also commented on the proposed improvements. A discussion followed between Commissioner Marrs and Mr. Andrew pertaining to the recording of the original ordinance, legal description used, and time limit of recording the replat. Shawn O'Leary, Director of Public Works, noted that staff is currently working with the applicant on proposed improvements and has presented the applicant with three options. Mr. O'Leary also noted that staff believed that the building was to be moved soon after the approval of the replat. Mr. Pickerell commented again on the proposed improvements and stated that the building could not be moved until March because of lease obligations. 04-6348 Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance No. 04-10196 on first reading. Aye: (4). Nay: (1) Marrs. Motion carried. 04-6349 Moved by Commissioner Shadwick, seconded by Commissioner Divine, declare an emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried. 04-6350 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt Ordinance No. 04-10196 on second reading. A roll call vote was taken. Aye: (4) Divine, Shadwick, Webb, Jilka. Nay: (1) Marrs. Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 04-10193 vacating a portion of a 66 -foot gas line easement across Lot 2, Block 2, Riffel Addition. Mayor Jilka reported that Ordinance No. 04-10193 was passed on first reading on April 5, 2004 and since that time no comments have been received. 04-6351 Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to adopt Ordinance No. 04-10193 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 04-10195 providing for a change in zoning district classification from RS (Single -Family Residential Suburban) to A-1 (Agricultural) District on property addressed as 1740 Beverly Drive. Mayor Jilka reported that Ordinance No. 04-10195 was passed on first reading on April 5, 2004 and since that time no comments have been received. 04-6352 Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance No. 04-10195 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.3) First reading Ordinance No. 04-10197 ordering the acquisition of fee simple title to certain real estate for the purpose of constructing the North Ohio Street Overpass Project. Greg Bengtson, City Attorney, explained that staff believes that negotiations with the owners of tracts 3, 5, and 14 have progressed to a point that the public interest is best served by initiating the eminent domain procedure. Mr. Bengtson continued to explain that the process under the supervision of the Saline County District Court provides for a determination of the fair market value of the property through the use of a panel of three court-appointed appraisers. 2 Commission Action # 04-6353'.. Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance No. 04-10197 on first reading. Aye: (5). Nay: (0). Motion carried. (8.4) Surplus property declaration and approval of Request for Proposal plan for 130 W. Prescott. Michael Morgan, Deputy City Manager, explained that the City purchased the property located at 130 W Prescott in 2002; which at that time the City was involved- in significant policy considerations on establishing a hospital -medical zoning district and land use plan. Mr. Morgan also noted that this area of Prescott Street is a sensitive buffer zone between historic homes and the H -M zoning district. A discussion followed between Commissioner Divine and Mr. Morgan regarding advertisement. Brian Bell, 132 W. Prescott, asked staff if the city currently has a bid on the property, historic district requirements, and time period of selling the property. Mr. Bell also commented on shared driveway issues. Mr. Morgan responded to Mr. Bell's questions. Commissioner Divine noted that the timetable includes a public information meeting and open house on or about April 20, 90 -day period for submittal of proposals, and City Commission decision on the sale in August of 2004. Jim Foley, 211 W. Prescott, questioned on if the City has plans for the vacant lot beside the property, landscaping, the 90 -day period for submittal of proposals, and plans for improvements to Prescott Avenue. 04-6354 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to declare property located at 130 W. Prescott surplus city property and authorize staff to proceed with seeking expressions of interest and preliminary proposals. Aye: (5). Nay: (0). Motion carried. (8.5) Authorize Supplemental Engineering Agreement No. 1 for the North Broadway Boulevard Intersection designs, Project No. 03-1409. Commissioner Divine excused herself from the quorum due to conflict of interest. Shawn O'Leary, Director of Public Works, explained the project, funding, and agreement. A discussion followed between Commissioner Marrs and Mr. O'Leary regarding possible right-of-way acquisitions and exclusion of legal survey. Glen Knak, Bucher, Willis & Ratliff Corporation, responded to Commissioner Marrs' concern regarding the survey. 04-6355 Moved by Commissioner Webb, seconded by Commissioner Shadwick, to authorize Supplemental Engineering Agreement No. 1 for the North Broadway Boulevard Intersection designs, Project No. 03-1409 with Bucher, Willis & Ratliff in the amount of $97,012. Aye: (4). Nay: (0). Abstain: (1) Divine. Motion carried. Commissioner Divine returned. (8.6) Authorize the removal of the 20 mph zone on Prescott Avenue from Front Street to Roach Street. Shawn O'Leary, Director of Public Works, explained that the 20 mph speed limit put in place for the safety of pedestrians crossing Prescott Avenue from the YWCA parking lot on the south side of the street; due to the facility closing of the facility, this speed limit may be eliminated. 3 Commission Action # 04-6356 Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to approve the removal of the 20 mph zone on Prescott Avenue from Front Street to Roach Street, including the removal of the pedestrian crossing next to the former YWCA. Aye: (5). Nay: (0). Motion carried. (8.7) Authorize a temporary speed limit of 30 mph on North Ninth Street from the northern entrance of Thomas Park to the north city limits. Shawn O'Leary, Director of Public Works, explained that during construction on North Ninth Street, traffic would need to be reduced from four lanes down to one lane m each direction. Mr. O'Leary continued to explain that after discussions with Kansas Department of Transportation and city staff, both parties agree to provide the necessary protection, and should reduce the speed limit during the construction. 04-6357 Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the establishment of a temporary speed limit of 30 mph on North Ninth Street from the northern entrance of Thomas Park to the north city limits for the duration of the construction on North Ninth Street. Aye: (5). Nay: (0). Motion carried. (8.8) Authorize purchase of 250 yard waste carts. Michael Fraser, Director of General Services, explained the purchase and funding. 04-6358 Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to authorize the purchase of 250 yard waste carts from Ameri-Kart Corporation in the amount of $13,625. Aye: (5). Nay: (0). Motion carried. (8.9) Request for Executive Session (personnel and legal). 04-6359 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to recess into executive session for 30 minutes to discuss with the City Attorney a matter subject to the attorney client privilege for the reason that public discussion would waive the privilege and to discuss a personnel matter involving non -elected personnel of the City for the reason that public discussion of the matter would violate the privacy rights of the City employee; and reconvene at 5:25 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:55 p.m. and reconvened at 5:25 p.m. 04-6360 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to reconvene in the current executive session for an additional 30 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into the current executive session at 5:25 p.m. and reconvened at 5:55 p.m. 04-6361 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to reconvene in the current executive session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into the current executive session at 5:55 p.m. and reconvened at 6:15 p.m. 04-6362 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to reconvene in the current executive session for additional 30 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into the current executive session at 6:15 p.m. and reconvened at 6:45 p.m. No action was taken. OTHER BUSINESS None. 0 Commission Action # ADJOURNMENT 04-6363'.'' Moved by Commissioner Webb, seconded by Commissioner Marrs, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:45 p.m. �iilka, 4Arayor � [SEAL] ATTEST: i Lieu Ann Elsey, City C k 5