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03-07-2005 MinutesCommission Action # Fi 05-6471 05-64 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 7, 2005 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a C.I.P. Briefing, Parking Lot Standards Report, and Downtown Parking Lot Guideline Uses. 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 Monte Shadwick, Chairman presiding (late) Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner Donnie D. Marrs Commissioner Paul G. Webb comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution No. 05-6160 expressing gratitude and appreciation to Ronnie J. Knott for his employment with the City of Salina from September 1, 1972 to March 15, 2005. Vice Mayor Divine presented a plaque of appreciation to Mr. Knott. Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Resolution No. 05-6160. Aye: (4). Nay: (0). Motion carried. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of February 14, 2005. (6.2) Resolution No. 05-6161 appointing Teresa Rundell and Anita Huntley to the Accessibility Advisory Board and John Reynolds to the Heritage Commission. (6.3) Resolution No. 05-6162 amending the City of Salina Comprehensive Fee Schedule by establishing contracting and trade license fees for solid -fuel appliance contractors. (6.4) Postpone second reading Ordinance No. 04-10206 indefinitely, until further committee and staff review is accomplished. City Manager Dennis Kissinger responded to Commissioner Jilka's question regarding the delay of Item 6.4. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS Page 1 Commission Action #{ iL 1 05-6473 05-647 05-6475 (7.1) Consider acceptance of offered easement, right-of-way and restricted access dedications in the Quail Meadows Estates Addition, located on the north side of Schilling Road west of Ohio Street. (7.1a) Second reading Ordinance No. 04-10215 providing a change in zoning district classification from Saline County AG to A-1, R-1, R-2 and C-1 in Quail Meadow Estates Addition. Mayor Shadwick entered the meeting. Dean Andrew, Director of Planning and Community Development, explained the request of final plat approval, request for change in zoning district classifications and Planning Commission's recommendations and conditions. Mr. Andrew commented on the original and revised drainage plans, land uses, and utilities. Mr. Andrew then responded to Commissioner Jilka's question regarding the layout and width of the townhome lot on Jack Circle. A discussion followed between Commissioner Marrs and Mr. Andrew pertaining to rear yard set back requirements. Commissioner Divine expressed her concerns regarding the townhome lot layout and the storm water drainage system. Mr. Andrew and Shawn O'Leary, Director of Public Works, responded to Commissioner Divine's concerns. Stan Byquist, 233 Highland, Assaria, KS, commended the city staff on their work. Mr. Byquist commented on the utilities and addressed the concerns with the townhome areas. He noted that they are planning on bringing a driveway design plan to the Engineering Department for approval. Commissioner Marrs questioned Mr. Byquist's willingness to record the driveway design standards with the Register of Deeds. Mr. Byquist agreed. A discussion followed by Commissioner Marrs, Mr. O'Leary, and Mr. Byquist regarding the recording the driveway design standards with the Register of Deeds. Moved by Commissioner Divine, seconded by Commissioner Marrs, to authorize the Mayor to sign the plat and accept the offered easement, street right-of-way and restricted access dedications on behalf of the City of Salina, and the recording of the driveway design standards with the Register of Deeds. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Marrs, seconded by Commissioner Divine, to adopt Ordinance No. 04-10215 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 05-10257 amending Chapter 8, Article III, Sections 8-174 — 8-177 of the Salina Code pertaining to contracting and trade licenses. Mayor Shadwick noted that Ordinance No. 04-10257 was passed on first reading on February 14, 2005 and since that time no comments have been received. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No. 05-10257 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 05-10261 authorizing a rural fire contract for the property located at 1912 W. Old Highway 40. Page 2 Commission Action # �so�daeas3.a n n 05-6471 05-64 05-6478 05-6479 05-6480 05-6481 05-6482 Mayor Shadwick noted that Ordinance No. 05-10261 was passed on first reading on February 14, 2005 and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Ordinance No. 05-10261 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 05-10262 amending Chapter 14, Article III, Division 3, Section 14-71 pertaining to local amendments to the International Fire Code in relation to fire hydrants. Mayor Shadwick noted that Ordinance No. 05-10262 was passed on first reading on February 14, 2005 and since that time no comments have been received. Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Ordinance No. 05-10262 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.4) First reading Ordinance No. 05-10263 amending Chapter 8, Article I, Division 1 of the Salina Code by adding Section 8-23 pertaining to local amendments to the International Building Code in relation to plumbing fixtures. Mike Roberts, Building Official, explained the amendment. Commissioner Marrs commented on the adoption of the international codes. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to pass Ordinance No. 05-10263 on first reading. Aye: (5). Nay: (0). Motion carried. (8.5) Acknowledge receipt of economic development property tax exemption applications from Salina Economic Development Corporation (SEDC) and Salina Vortex. (8.5a) Resolution No. 05-6163 authorizing a deviation from the City of Salina policy as to the eligibility related to timing of facility construction and equipment purchases. Dennis Kissinger, City Manager, explained the applications eligibility and the projects of Salina Vortex and the SEDC. Mr. Kissinger noted that the SEDC will be constructing the building and at a later date, sell the building to Salina Vortex. Lee Young, 3024 Arnold Avenue, made himself available for questions on the project and commented on the importance of the expansion. Moved by Commissioner Webb, seconded by Commissioner Divine, to acknowledge receipt of the companion economic development tax exemption applications from the Salina Economic Development Corporation and Salina Vortex. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution No. 05-6163. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Marrs, seconded by Commissioner Divine, to concur with the City Manager's preliminary determinations related to the proposed project. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize and direct staff to assure the cost -benefit analysis, public hearing notice, consideration of the tax exemption resolution, triggering a 18 -month project review period under Section 8 of Resolution No. 91-4265, and other required steps are completed at the appropriate time as this project progresses, leading to the goal of project completion and tax exemption final action no later than January 2007. Aye: (5). Nay: (0). Motion carried. (8.6) Housing Authority preliminary action regarding authority to hold property and to contract Page 3 Commission Action #{ 1 05- 05-6485 05-6486 05-6487 and transfer ownership of all public housing properties. Dennis Kissinger, City Manager, explained inability to hold property and dispose of housing property. Mr. Kissinger noted that in recent months federal H.U.D. officials have expressed concern over the property ownership issues and the authority to contract issues. He also stated that staff is not supporting the delegation of housing bond authority or money borrowing authority. Moved by Commissioner Divine, seconded by Commissioner Marrs, to preliminary agree to the delegation of authority to execute contracts with an agency of the government, preliminary agree to the delegation of authority to acquire or dispose of property, with certain reporting requirements, direct city staff to prepare a resolution replacing prior Salina Housing Authority related resolutions and clarifying powers, authority, etc. in accordance with State and Federal law and regulations, direct city staff to prepare the necessary documents to transfer existing public housing real estate to the Salina Housing Authority, and establish a target date of April 1, 2005 for completion of these items. Aye: (5). Nay: (0). Motion carried. (8.7) Approval of quotation and selection of contractor for digital orthographic photography. Brad Johnson, City Engineer, explained the need to update the photography. Mr. Johnson continued to explain that FEMA will be performing a full update of the flood plain/floodway mapping for Salina. He then summarized the quotes that were received for the aerial photos and the alternate contours bids, funding of the purchase, and the contract. A discussion followed between Commissioner Marrs, Commissioner Divine, Mr. Johnson, and City Manager Dennis Kissinger regarding contouring the entire city, validity of the quotes submitted, and FEMA updating the flood plain/floodway mapping. Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the selection of Kucera International, Inc. as the contractor for the project, at a base price of $20,500 and a cost of $600/square mile for development contours on a certain number of square miles, with the final decision on contour services purchased to be brought back to the City Commission at a later date and authorize and direct staff to negotiate contracts with Kucera International, Inc. Aye: (5). Nay: (0). Motion carried. (8.8) Request for executive session for real estate and legal matters with possible action following, primarily related to the North Ohio Overpass Project. Moved by Commissioner Jilka, seconded by Commissioner Marrs, to recess into executive session for 15 minutes to discuss preliminary matters pertaining to the acquisition of real estate and matters subject to the attorney-client privilege for the reason that public discussion would adversely affect the City position in relations to acquisition of the real estate and would waive the attorney-client privilege and reconvene at 5:13 p.m. Aye: (5). Nay: (0). Motion carried. p.m. The City Commission recessed into executive session at 4:57 p.m. and reconvened at 5:20 Moved by Commissioner Divine, seconded by Commissioner Jilka, to reconvene into regular session. Aye: (5). Nay (0). Motion carried. Moved by Commissioner Webb, seconded by Commissioner Divine, to authorize the City to pay to the Clerk of the District Court the sum of $367,397 in payment of the Appraisers' Award for Tracts 11-13 and 16 and the Appraisers' Fees and Master Fee in Case No. 04 -CVC -512. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Webb, seconded by Commissioner Jilka, that the Regular Page 4 Commission Action # 1 u 1 Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:23 p.m. [SEAL] ATTEST: Penny Day, "O� ity City Jerk / Monte Shadwick, Mayor Page 5