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05-02-2005 MinutesCommission ne ^ I Action # FJ 1 1 05-6955 05-6956 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 2, 2005 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for miscellaneous reports that include KWU parking, Downtown 24-hour parking, Boy Scouts Project proposal, and Underground Electric Projects near Eighth Street and Mulberry. 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 H 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) The week of May 8, 2005 as "Building Safety Week" in the City of Salina. Mike Roberts, Building Official, read the proclamation and announced upcoming events. (4.2) The month of May 2005 as "Older Workers' Month" in the City of Salina. Mary Teepen, Career Developer Assistant with the Older Kansans Employment Program, 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 25, 2005. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Rescind approval of Ordinance No. 04-10194 rezoning certain property on South Ninth Street (Application #Z04-6 filed by Darrell Hills). Dean Andrew, Director of Planning and Community Development, explained that the applicant needed to file a plat within one year or the property would revert back to its current zoning. Mr. Andrew then responded to Mayor Divine's questions regarding if Mr. Hills was notified of the action and reasoning for not rezoning the property. Moved by Commissioner Perney, seconded by Commissioner Jilka, to rescind Ordinance No. 04-10194. Aye: (5). Nay: (0). Motion carried. Page 1 Commission Action # J 05-6957 05-6958 1 05-6959 05-6960 1 (7.2) Application No. P95 -8B, filed by Salina Presbyterian Manor, Inc., requesting the vacation and acceptance of utility and drainage easements in the Replat of the Replat of Salina Presbyterian Manor, Inc. Subdivision, located on the north side of Crawford Street east of Seitz Drive. Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission's recommendation. Mr. Andrew then responded to Commissioner Marrs' question regarding the future development of the tract and future possible needs of additional easements. A discussion followed between Commissioner Marrs, Commissioner Perney, Mayor Divine and Mr. Andrew regarding the conceptual plan. Moved by Commissioner Jilka, seconded by Commissioner Vanier, to authorize the Mayor to sign the plat which vacates certain utility easements and dedicates new easements within the Replat of the Replat of Salina Presbyterian Manor, Inc. Subdivision. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 05-10273 amending Sections 2-240 and 2-241 of the Salina Code by establishing and affirming petty cash accounts and change funds. Mayor Divine noted that Ordinance No. 05-10273 was passed on first reading on April 25, 2005 and since that time no comments have been received. Mayor Divine also noted the change in the Bicentennial Center petty and work cash funds since first reading of the ordinance. Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Ordinance No. 05-10273 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 05-10274 annexing a tract of land located at 2077 N. Ohio Street. Mayor Divine noted that Ordinance No. 05-10274 was passed on first reading on April 25, 2005 and since that time no comments have been received. Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Ordinance No. 05-10274 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine. Nay: (0). Motion carried. (8.3) First reading Ordinance No. 05-10275 ordering the acquisition of title to certain real estate as park land for use by the City of Salina in developing a soccer complex. Greg Bengtson, City Attorney, explained the location of the tract of land and the eminent domain process. Moved by Commissioner Vanier, seconded by Commissioner Jilka, to pass Ordinance No. 05-10275 on first reading. Aye: (5). Nay: (0). Motion carried. (8.4) Consider addition of a 2005 Buildings and Facilities project for major repairs and enhancements to the HVAC system serving the Smoky Hill Museum. Commissioner Marrs excused himself due to conflict of interest. Dennis Kissinger, City Manager, explained the need for a new HVAC system and funding of the replacement of the system, warranty and life expectancy. Mr. Kissinger then summarized the amendments to the C.I.P. A discussion followed between Commissioner Perney and Mr. Kissinger regarding the life span of the existing system and the new components of the system. Page 2 Commission Action # 05-69611 05-6962 05-6963 05-6964 Moved by Commissioner Perney, seconded by Commissioner Vanier, to re -allocate $60,000 within the 2005 General Fund Budget C.I.P. from Vehicles & Equipment to Buildings & Facilities, add the Museum HVAC system project to the 2005 Buildings & Facilities sub C.I.P. at an estimated cost of $70,000, and authorize the City Manager to enter into a sole source repair and service contracts as needed to complete this project within the budgeted amount. Aye: (4). Nay: (0). Abstained: (1) Marrs. Motion carried. Commissioner Marrs returned. OTHER BUSINESS (9.1) Greg Bengtson explained the request for a moratorium regarding the installation of driveway, culverts and other improvements within the confines of the North Ohio Overpass Project. Mr. O'Leary explained that over the weekend, driveway culverts were being built along Pacific Avenue and the negative effect it would have in the construction of the North Ohio Overpass Project. Staff has contacted the owner and the owner acquired no permits. A discussion followed between Commissioner Marrs, Commissioner Perney, Mayor Divine, Mr. O'Leary and Mr. Kissinger regarding the future plans of improvements to Pacific Avenue, and the boundaries of the moratorium Moved by Commissioner Vanier, seconded by Commissioner Jilka, that a moratorium be imposed prohibiting the construction or installation and the granting of any permits for construction or installation of any driveway crossings, culverts, or other improvements within the public right-of-way located within the confines of the North Ohio Overpass Project and on Pacific Avenue west to Front Street for the reasons that: 1. The granting of permits for such driveway crossing cannot be properly administered until traffic safety studies have been completed in order to identify safe locations for such driveway crossings. 2. Construction activity in the public right-of-way within the confines of the project may result in anticipated cost to the public due to either delays or the need to remove such improvements in conflict with the public project construction. 3. Construction activity in the public right-of-way within the confines of the project could result in avoidable economic loss to private parties in the event such improvements must be removed in order to complete the public project. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Marrs, to recess into executive session for 15 minutes in order to discuss a personnel matter involving non -elected city personnel for the reason that public discussion of the matter would violate the privacy rights of the non -elected city personnel involved; and reconvene in the this room at 4:55 p.m. The City Commission recessed into executive session at 4:40 p.m. and reconvened at 4:55 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Marrs, seconded by Commissioner Perney, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:55 p.m. [SEAL] AT EST: Lieu Ann Elsey, CMC, Ci Clerk A" - Deborah Divine, Mayor Page 3