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04-25-2005 MinutesCommission Action # 1 1 05-6945 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 25, 2005 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Capital Projects Update. 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 Deborah P. Divine, Chairman presiding Commissioner Alan E. Jilka Commissioner Donnie D. Marrs Commissioner R. Abner Perney Commissioner John K. Vanier II comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM Mark Samuelson, 212 S. Ninth, Apt. 1, commented on the need for a noise ordinance for disturbance after 11:00 p.m. He also felt that there should be an ordinance regulating riding bicycles in downtown and residential areas. AWARDS — PROCLAMATIONS (4.1) The day of April 25, 2005 as "Arbor Day" in the City of Salina. John Wachholz, Salina Tree Advisory Board Chairman, read the proclamation and announced upcoming events. (4.2) The day of May 5, 2005 as "A Day of Prayer" in the City of Salina. Roberta Huseman, Chairman of Salina National Day of Prayer, read the proclamation and announced upcoming events. (Reading of proclamation was postponed to later in the meeting due to Ms. Huseman not being present.) Moved by Commissioner Marrs, seconded by Commissioner Jilka, to add Item 8.3 to the agenda. Aye: (5). Nay: (0). Motion carried. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on the 2004 Special Assessments Projects. (5.1a) Second reading Ordinance No. 05-10272. Mayor Divine opened the public hearing. Brad Johnson, City Engineer, summarized the final costs for the projects. Dr. Anwarul Siddiqui, 2253 Falconview, property owner of Lot 1, Block 5, Mariposa Addition, commented on the assessment on the property and the ability of only placing four lots instead of twelve on the property. Dr. Siddiqui also referred to the convents of the property. Mr. Johnson responded to Dr. Siddiqui's concerns regarding the calculation of the assessments and the determination of the twelve units. Dr. Siddiqui made further comments on the convents and his purchase agreements. Page 1 Commission Action # 05-6946 05-6947 1 ••I' 05-6949 Dennis Kissinger, City Manager, commented on the assessments. Mr. Kissinger continued to explain the state statutes regulating special assessments, the covenants and the lots sizes. Dean Andrew, Director of Planning and Community Development, commented on the covenants and property being zoned for town home development. A discussion followed between Commissioner Marrs and Mr. Kissinger regarding the assessment calculation. Dr. Siddiqui questioned the chargeable amount on the other lots within the project. Mr. Johnson responded. Mr. Andrew responded to Commissioner Pemey's questions regarding the zoning and the number of town homes that could be placed on the property. Mr. Kissinger noted that the issue is between the buyer and seller. Mayor Divine responded to Dr. Siddiqui's questions regarding the zoning and special assessment breakdown. There being no further comments, the public hearing was closed. Moved by Commissioner Jilka, seconded by Commissioner Pemey, to adopt Ordinance No. 05-10272 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Pemey, Vanier, Divine. Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of April 15, 2005. (6.2) Approve the minutes of April 18, 2005. (6.3) Award of contract for the East Crawford Area Concession Building Roof Replacement, Project No. 05-1522 to S & S Contracting in the amount of $11,700. Moved by Commissioner Marrs, seconded by Commissioner Perney, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 05-10274 providing for the annexation of a tract of land located at 2077 N. Ohio Street. (7.1 a) Resolution No. 05-6179 authorizing an agreement outlining certain conditions and understandings relating to the annexation of property located at 2077 N. Ohio Street. Dean Andrew, Director of Planning and Community Development, explained the request and the agreement. Moved by Commissioner Pemey, seconded by Commissioner Marrs, to pass Ordinance No. 05-10274 on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Pemey, seconded by Commissioner Marrs, to adopt Resolution No. 05-6179. Aye: (5). Nay: (0). Motion carried. Roberta Huseman read the proclamation from Item 4.2. ADMINISTRATION (8.1) First reading Ordinance No. 05-10273 amending Sections 2-240 and 2-241 of Chapter 2 of the Salina Code by establishing and affirming petty cash accounts and change funds. Page 2 Commission Action # „onm.m.xc5a ea 05-695, 05-6951 05-6952 05-6953 05-6954. Rodney Franz, Director of Finance and Administration, explained the amendments. Mr. Franz then responded to Mayor Divine's question on the difference between working cash and petty cash funds. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No. 05-10273 on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Mayor Divine's announcement on board appointments for members of the Board of Commissioners. Mayor Divine announced the following appointments: Mayor Divine will serve on the Chamber of Commerce Board of Directors, Economic Development Executive Committee, Library Board, and the North Central Regional Planning Commission. Vice -Mayor Marrs will serve on the Convention and Tourism Committee and the Board of Health. Commissioner Jilka will serve on the Salina -Saline County Building Authority Board and the Board of Health. Commissioner Pemey will serve on the Arts & Humanities Commission and the Salina Housing Authority. Commissioner Vanier will serve on the Salina Airport Authority and the Salina -Saline County Building Authority Board. (8.3) Agreements with the Union Pacific Railroad Company and the Kansas Department of Transportation related to the North Ohio Street Overpass Project. Shawn O'Leary, Director of Public Works, explained the agreements, project schedule, and future bid letting of the project. Mr. O'Leary then responded to Commissioner Jilka's question regarding the track connecting agreement and Commissioner Vanier's question regarding the amount of property being transferred to the railroad. Greg Bengtson, City Attorney, commented on the transfer of property and ownership of the transferred property. Mr. Bengtson noted that the City has the option of repurchasing the property for $1 if not used for rail purposes by Union Pacific Railroad. Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution No. 05-6180 authorizing an Agreement Covering New Track Connection Near Salina, Kansas with the Union Pacific Railroad Company in relation to the North Ohio Overpass Project. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Marrs, seconded by Commissioner Vanier, to adopt Resolution No. 05-6181 authorizing an agreement between the City of Salina, Union Pacific Railroad, and the Secretary of Transportation of the State of Kansas in relations to track connection work in conjunction with the North Ohio Overpass Project. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Marrs, to recess into executive session for ten minutes to discuss matters subject to the attorney -privilege for the reason that public discussion would waive the privilege and reconvene at 4:55 p.m. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Vanier, seconded by Commissioner Jilka, to reconvene into regular session. The City Commission recessed into executive session at 4:45 p.m. and reconvened at 4:59 p.m. No action was taken. Page 3 Commission Action # 05 - 1 n 1 None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Marrs, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:59 p.m. i'� L" Deborah Divine, Mayor [SEAL] ATTEST: 96� Lieu Arm Elsey, CMC, CrV,erk Page 4