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10-03-2005 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 3, 2005 4:00 p.m. Z The City Commission convened at 2:30 p.m. in a Study Session for a discussion on the Chamber of W Commerce contract; 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. o o There were present:' Mayor Deborah P. Divine, Chairman presiding Commisioner Alan E. Jilka Commissioner Donnie D. Marrs Commissioner R. Abner Perney Commissioner John K. Vanier II comprising a quorum of the Board, also present: Jason A.j Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM None. Mayor Divine congratulated Officers Jeremy Watkins and Gary Hanus for their recognition by the United States'I Department of Justice for the participation in the Operation "Momma Meth", an international methamphetamine trafficking case which started as a local Salina area drug investigation. AWARDS - PROCLAMATIONS (4.1) The weeps of September 26 — 30, 2005 as "Race Equality Week" in the City of Salina. Sharon Kibbe, Humlan Relations Commissioner, read the proclamation. (4.2) Recognition of the City of Salina for being selected as one of "America's 100 Healthiest Communities in a nationwide competition sponsored by the America's Promise Foundation. Nancy Kllostermeyer, The Volunteer Connection and Janet Callerman, Salina Area United Way, explained that Salina received the award because of the community's strong collaborative programs. They also thanked the volunteers and the agencies for their services. 05-6957 Moved by Commissioner Vanier, seconded by Jilka, to add Items 7.2b and 7.2c to the agenda. Aye: (5). N! ay: (0). Motion carried. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approvel the minutes of September 19, 2005. (6.2) Acknowledge receipt of the 2005 Department of Homeland Security Assistance to Firefighter Grant in the amount of $267, 760 and authorize purchase ofpersonal protective equipment. 05-6958II Moved by Commissioner Jilka, seconded by Commissioner Perney, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Page 1 Commission Action # DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 05-10309 providing a change in zoning district classification from R (Single -Family Residential) to A-1 (Agricultural) on property located in the 1500 Block of E. Woodland Avenue (described as Lots 1— 4 and East 25 feet of Lot 5, Block 2, Cloverdale Addition). Z Application #Z05 -9I was filed by Roger Mattison. a � w Dean Andrew, Director of Planning and Community Development, explained the request, characteristics of the neighborhood, public utilities and services for the area, the comprehensive plan, and the Planning Commission's recommendation. Mr. Andrew responded to Mayor Divine's question regarding the com rehensive plan, conditional uses, and allowed traffic. He also responded to Commissioner M s regarding the A-1 zoning, utility requirements, and traffic use. Shawn O'Leary, Director of Public Works, responded to City Manager's Jason Gage's question regarding ,eight limit posting. Mr. Andrew then responded to Commissioner Vanier's question regarding property ownership. 05-6959 Moved b Commissioner Marrs, seconded by Commissioner Perney, to pass Ordinance No. 05-10309 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Authorize the Mayor to sign the plat of Lakeside Addition and accept the offered easements and restricted access dedications (Application #P05 -3A). (7.2b) Second reading Ordinance No. 05-10304 annexing the Lakeside Addition. (7.2c) Second reading Ordinance No. 05-10305 zoning the Lakeside Addition from Saline County AG to PC -5. Dean Andrew, Director of Planning and Community Development, explained the request, utilities in the area, proposed improvements, and the Planning Commission's recommendation. Mr. Andrew clarified which conditions have been meet by the applicant as requested by Commissioner Marrs. 05-6960 Moved) Commissioner Marrs, seconded by Commissioner Jilka, to authorize the Mayor to sign the plat of Lakeside Addition and accept the offered easements and restricted access dedications. Aye: (5). Nay: (0). Motion carried. 05-6961 Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No. 05-10304 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine. Nay: (0). Motion carried. 05-6962 Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Ordinance No. 05-10305 on se reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine. Nay: (0). otion carried. (7.3) Authorize the Mayor to sign the plat of Quail Creek Addition and accept the offered easements and res cted access dedications (Application #CP05-lA). Dean Andrew, Director of Planning and Community Development, explained the request, comprehensive plan subdivision design, utilities, and the applicants request of two variances from the Subdivision Regulations regarding the maximum length of a dead end street, and the provision that prohibits private streets except within Planned Units Developments. Mr. Andrew also continued to outline the Planning Commission's recommendation and conditions. A discussion followed between Commissioner Jilka and Mr. Andrew regarding the lot size within the subdivision, future assessments, and construction of private streets. City Manager Jason Gage commented on staff concerns of possible future specials, utilities, and the comprehensive plan of the area. Page 2 Commission Action # Jim Maes, Com -Pro Reality (representing the applicant), commented on the request and the land use of the area. 05-6963 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to authorize the N Mayor to sign the plat of Quail Creek Addition and accept the offered easements and restricted access Z dedications. Aye: (5). Nay: (0). Motion carried. w (7.4) Authorise the Mayor to sign the replat of the SRHC Subdivision and accept the offered easements and access dedications. 0 Deandrew, Director of Planning and Community Development, explained the request of and the vacation Seventh Street, Weil Place and certain internal utility easements. Mr. Andrew continue to explain, the replat design, street access, easements and dedications and the Planning Commission's recommendation. 05-6964 Moved > y Commissioner Marrs, seconded by Commissioner Perney, to authorize the Mayor to sign the replat of the SRHC Subdivision, which vacates 7t' Street, Weil Place and certain internal utility easements and accept the offered easements and restricted access dedications. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second 'Treading Ordinance No. 05-10307 providing a change in zoning district classification from R-3 (Multi -Family Residential) to PC -3 (Planned Shopping Center) District on property addressed as 320 S. Third Street (described as Lots 174, 178, 180, 182 and 184, less the Smoky Hill River on Third Street in the Original Town of Salina). Dean Anjdrew, Director of Planning and Community Development, explained that a protest petition was filed in the City Clerk's office on September 20, 2005 and the validity of the petition. Mr. Andrew then cl4rified that a site plan would need to be reviewed with the PC zoning. 05-6965 Moved Commissioner Perney, seconded by Commissioner Vanier, to adopt Ordinance No. 05-10307 on se and reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine. Nay: (0). Motion carried. (8.2) Receive �nd review of the 2004 Audit Report. Rod Franz, Director of Finance and Administration, noted the opinion of the auditors. Audrey Oberman with Lowenthal, Singleton, Webb and Wilson, Professional Association reviewed the audit, management letters, and the audit committee letter. Mayor Divine commended staff on the accomplishment. 05-6966 Moved b Commissioner Marrs, seconded by Commissioner Jilka, to acknowledge receipt of the 2004 Audit Deport as presented by Lowenthal, Singleton, Webb and Wilson, Professional Association. Aye: Nay: (0). Motion carried. (8.3) Resolution No. 05-6216 naming the stage in Oakdale Park. Steve Snder, Director of Parks and Recreation, explained the request to rename the stage, policy of naming and renaming city facilities, and the Parks and Recreation Advisory Board's recommendation. Martha Rhea, 652 Rockview Road, commented on Eric Stein's accomplishments over the years; however she was opposed to the name change of the stage. Jim Brown, General Manager of the Salina Municipal Band, expressed his support of renaming the stage. Page 3 Commission Action # Linda Smith, 302 Park Lane, commented on the Arts and Humanities Commission's recommendation to the Parks and Recreation Advisory Board and her opposition on the renaming of the stage and read a letter written by Bill Medina expressing his opposition. Randall Hardy, 816 Highland Avenue, expressed his opposition. Jack Stewart, 679 S. Tenth, expressed his support of the Parks and Recreation Advisory Board's Commis ioner Marrs commented on the use of Rule No. 11 of the City Commission's Rules and Procedures to make a motion to table the item and allow the City Commission to debate the issue. Commissioner Marrs continued to explain by doing this, it would end City Commission consideration, returning the item back to the Parks and Recreation Advisory Board and the Arts and Humanities Commi sion. 05-6967 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to table the item indefinitely. Jilka asked Commissioner Marrs to withdraw the motion. Commis ioner Perney commented on the issue. Commissioner Perney questioned what type of plaque/sign would be used if the renaming is approved and where it would be placed with the existing plaques on the stage. Commissioner Vanier questioned City's policy of renaming facilities and the recommendations nnade by the two boards and commissions. Mayor Divine commented on the request and policy of the naming of facilities. Mayor Divine expressed that she found it difficult to name facilities after people because eventually these people are forgotten and just becomes a name of the facility. She suggested that Mr. Stein be honored in a different way t iat would be more memorable, such as an annual scholarship, so Mr. Stein is remember and known by future generations. Commis ioner Jilka felt that Bill Burke and Dean Evans would be forgotten if facilities were not named after them and his support of naming the stage in Oakdale Park after Mr. Stein. Commis ioner Marrs hoped that the community would honor Mr. Stein, but sees the split between the Comm'ssions. Mayor Divine called the questions. Aye: (4). Nay: (1) Jilka. (8.4) Authoria purchase of replacement bench seats with installation and 31 trash containers (Project No. 05-1510. Steve Snyder, Director of Parks and Recreation, explained the purchase, bids received and funding of the project. Mr. Snyder responded to Commissioner Vanier's and Mayor Divine's questions regarding the benches and the location of the benches. A discussion followed between Commissioner Vanier, Commissioner Jilka and City Manager Jason Gage regarding the flooding issues in the downtown area 05-6968 Moved by Commissioner Pemey, seconded by Commissioner Jilka, to authorize the purchase of replace ent bench seats with installation from BRP Company for $51,300 and 31 trash containers from Victor Stanley Company for $18,569. Aye: (5). Nay: (0). Motion carried. Page 4 Glenn Kiohr, 452 Queens Road, expressed his support in renaming of the stage. w Shawn Jennings, 1008 E. Claflin, expressed her support of renaming the stage. Sydney Shultz, 1218 E. Ellsworth, expressed his support of renaming of the stage. o Jerry Sh emaker, 1522 Austin Circle, expressed his support of renaming the stage. Mr. U Shoemaker read a statement submitted from Jim DuBois, member of the Parks and Recreation Advisory Board, commenting on the policy of renaming city facilities and his support of renaming the stage. Randall Hardy, 816 Highland Avenue, expressed his opposition. Jack Stewart, 679 S. Tenth, expressed his support of the Parks and Recreation Advisory Board's Commis ioner Marrs commented on the use of Rule No. 11 of the City Commission's Rules and Procedures to make a motion to table the item and allow the City Commission to debate the issue. Commissioner Marrs continued to explain by doing this, it would end City Commission consideration, returning the item back to the Parks and Recreation Advisory Board and the Arts and Humanities Commi sion. 05-6967 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to table the item indefinitely. Jilka asked Commissioner Marrs to withdraw the motion. Commis ioner Perney commented on the issue. Commissioner Perney questioned what type of plaque/sign would be used if the renaming is approved and where it would be placed with the existing plaques on the stage. Commissioner Vanier questioned City's policy of renaming facilities and the recommendations nnade by the two boards and commissions. Mayor Divine commented on the request and policy of the naming of facilities. Mayor Divine expressed that she found it difficult to name facilities after people because eventually these people are forgotten and just becomes a name of the facility. She suggested that Mr. Stein be honored in a different way t iat would be more memorable, such as an annual scholarship, so Mr. Stein is remember and known by future generations. Commis ioner Jilka felt that Bill Burke and Dean Evans would be forgotten if facilities were not named after them and his support of naming the stage in Oakdale Park after Mr. Stein. Commis ioner Marrs hoped that the community would honor Mr. Stein, but sees the split between the Comm'ssions. Mayor Divine called the questions. Aye: (4). Nay: (1) Jilka. (8.4) Authoria purchase of replacement bench seats with installation and 31 trash containers (Project No. 05-1510. Steve Snyder, Director of Parks and Recreation, explained the purchase, bids received and funding of the project. Mr. Snyder responded to Commissioner Vanier's and Mayor Divine's questions regarding the benches and the location of the benches. A discussion followed between Commissioner Vanier, Commissioner Jilka and City Manager Jason Gage regarding the flooding issues in the downtown area 05-6968 Moved by Commissioner Pemey, seconded by Commissioner Jilka, to authorize the purchase of replace ent bench seats with installation from BRP Company for $51,300 and 31 trash containers from Victor Stanley Company for $18,569. Aye: (5). Nay: (0). Motion carried. Page 4 Commission Action # 1 1 N w m a 05-6969 U 05-6970 05-6971 05-6972 05-6973 05-6974 (8.5) First reading Ordinance No. 05-10308 establishing a capital cost recovery charge for the purpose of paying a portion of the cost of a water distribution system for Euclid Avenue. Martha Tasker, Director of Utilities, explained the waterline improvement, financing of the improvements, and the ordinance. Ms. Tasker responded to Mayor Divine's question regarding establishing the cos recovery after the work has been done. Marrs commended staff on their work. Moved by Commissioner Marrs, seconded by Commissioner Perney, to pass Ordinance No. 05-10308 on first reading. Aye: (5). Nay: (0). Motion carried. (8.6) Award of contract for the 2005 Latex Modified Slurry Seal, Project No. 05-1531. Brad Johnson, City Engineer, explained the project, bids received, and project funding. A discu sion followed between Mayor Divine, Commissioner Marrs, Commissioner Perney and Mr. Johnson regarding the decrease of quantity in future slurry seal projects and the effects it would have on the future bids, and the number of vendors that have bid the project. Moved for the 2005 Latex amount of $164,6`. (8.7) Brad J Commissioner M, Moved purchase of two-fo a cost of $31,200. (8.8) Resolut use of city right -of Shawn existing street ligh Commissioner Marrs, seconded by Commissioner Vanier, to award the contract ,dified Slurry Seal, Project No. 05-1531 to Ballou Construction Company in the Aye: (5). Nay: (0). Motion carried. purchase of two -foot contours. Lson, City Engineer, explained the purchase. Mr. Johnson then responded to ' questions regarding digital data and accuracy of the image. Marrs noted that this would be a great asset to the city. ✓ Commissioner Perney, seconded by Commissioner Marrs, to authorize the contours from Kucera International Inc. for the entire city and surrounding area at (5). Nay: (0). Motion carried. No. 05-6218 authorizing a license agreement with James Ravenkamp to allow y for installation of private street lights. 'Leary, Director of Public Works, explained the request, agreement, and the in the downtown area. A discus ion followed between the Commission, Mr. O'Leary, and City Manager Jason Gage regarding existing lights in the downtown area, lighting consistency, future proj ect costs, and use of this request as an experimental process in the downtown area. Moved by Commissioner Vanier, seconded by Commissioner Marrs, to adopt Resolution No. 05-6218. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Moved by Commissioner Marrs, seconded by Commissioner Vanier, to recess into executive session fcr ten minutes to discuss matters subject to the attorney-client privilege for the reason that public discussion would waive the privilege; and reconvene at 6:40 p.m. Aye: (5). Nay: (0). Motion carried] The City Commission recessed into executive session at 6:30 p.m. and reconvened at 6:40 p.m. MovedCommissioner Marrs, seconded by Commissioner Jilka, to reconvene into the existing executive session for an additional ten minutes. Aye: (5). Nay: (0). Motion carried. Page 5 Commission Action # 1 The City Commission recessed into executive session at 6:40 p.m. and reconvened at 6:53 p.m. No action was taken. Mayor Divine noted that there would be no meeting on October 10, 2005 and the next meeting would be October 17, 2005. z ti ADJOURNMENT 05-6975 Moved by Commissioner Marrs, seconded by Commissioner Perney, that the Regular N Meeting of the Bo7d of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned t 6:53 p.m. i A, Donnie D. Marrs, Vice -Mayor [SEAL] ATTEST: (L'C'7j'2� Lieu Ann Elsey, City Cl Page 6