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12-12-2005 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 12, 2005 4:00 p.m. Z The City Commission convened at 2:30 p.m. in a Study Session for a Development Review and City w Commission Rules of Procedures discussion. 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. 0 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: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM None. AWARDS - PROCLAMATIONS (4.1) The week of December 11-17,2005 as "Salina Central Football Championship Week" in the City of Salina. Mike Payne, Mustang Booster Club President, read the proclamation. Coach Diener thanked the community for their support and announced upcoming events. (4.2) Resolution No. 05-6221 expressing gratitude and appreciation to Jack L. Derowitsch for his employment with the City of Salina from June 16, 1990 to December 15, 2005. (4.3) Resolution No. 05-6222 expressing gratitude and appreciation to Lucille M. Sanderson for her employment with the City of Salina from September 8, 1981 to December 15, 2005. 05-70411 Moved by Commissioner Marrs, seconded by Commissioner Pemey, to adopt Resolution Nos. 05-6221 and 05-6222•. Aye: (5). Nay: (0). Motion carried. (4.4) Presentation of plaques of appreciation to outgoing Employee Council members. Mayor Divine presented plaques to Ms. Sanderson and thanked her for her service. Ms. Sanderson expressed her appreciation and thanked her coworkers. Mayor Divine presented plaques to outgoing Employee Council members Carrie Carpenter, Mike Highsmith, Judy McDonald, and Ron Rouse. Mayor Divine also thanked Mr. Derowitsch and Duane Cain for their service. Mayor Divine also expressed appreciation to Salina Firefighters Steve Moody, David Turner, Willis Sutton, and Bryan Keeler for their assistance to the emergency efforts of Hurricane Katrina. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Petition No. 4270, filed by the Salina Airport Authority, requesting the vacation of an utility easement in Lot 1, Block 6, Schilling Subdivision #5. (5.1a) First reading Ordinance No. 05-10315. Mayor Divine opened the public hearing. Page 1 Commission Action # Brad Johnson, City Engineer, explained the request. Mr. Johnson responded to Mayor Divine's question regarding the location of the new sanitary sewer line. N There being no further comments, the public hearing was closed. 05-7043 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to pass Ordinance No. W 05-10315 on first reading. Aye: (5). Nay: (0). Motion carried. ti CONSENT AGENDA (6.1) Approve the minutes of December 5, 2005. (6.2) Consideration of 2006 Special Parks & Recreation Fund Capital Improvement Program. 05-704 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) Application #HC05-1, filed by Roscoe Swenson, requesting local landmark designation by the City of Salina for property located at 205 N. Front Street. (7.1a) First Reading Ordinance No. 05-10314. Dean Andrew, Director of Planning and Community Development, explained the request. Mr. Andrew responded to Commissioner Vanier's question regarding the effect it would have on the surrounding property owners and Commissioner Marrs' question regarding the zoning of the property. Mayor Divine thanked the applicant and staff for their work. A discussion followed between Mr. Andrew and Commissioner Marrs regarding the exterior features of the building. 05-704 Moved by Mayor Divine, seconded by Commissioner Perney, to pass Ordinance No. 05- 10314 on first reading. Aye: (4). Nay: (1) Vanier. Motion carried. (7.2) Resolution No. 05-6228 authorizing an agreement with Douglas F. and Kathleen M. Bradley for extension of water and sanitary sewer service in East Water Well Road Industrial Area Addition. Dean Andrew, Director of Planning and Community Development, explained the request, agreement, and the fiscal impact to the City. Mr. Andrew also noted the locations of the surrounding areas that currently have annexation agreements and city utility services. A discussion followed between Mayor Divine, Mr. Andrew, and City Manager Jason Gage regarding annexation agreements and the City's annexation policy. Mr. Andrew responded to Commissioner Marrs' question regarding the number of utility connections that would be allowed and replatting the property within the County. A discussion followed between Commissioner Marrs, Commissioner Perney, and Mr. Andrew regarding the tapping fees. Shawn O'Leary, Director of Public Works, commented on the lack of a site plan and the fees that would be imposed. A discussion followed between Commissioner Marrs, Mayor Divine, and Mr. Gage regarding annexing of property, economic development, platting of the property and the comprehensive plan. Mayor Divine felt it was important to specify in future annexation agreements, the timeline of when a property is to be annexed. Page 2 Commission Action # 05-704 Moved by Commissioner Vanier, seconded by Commissioner Marrs, to adopt Resolution No. 05-6228. Commissioner Jilka noted that he was absent when the item was originally considered and N would have not supported it at that time. z w Mayor Divine called the question. Aye: (4). Nay: (1) Jilka. Motion carried. ADMINISTRATION (8.1) Resolution No. 05-6227 authorizing an Addendum to Fane Lease Agreement with Quenten L. Swenson, Dennis D. Swenson, and Galen G. Swenson for the Solid Waste Landfill property. Greg Bengtson, City Attorney, explained the agreement. 01-704]i I Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Resolution No. 05-6227. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 05-6230 reconfirming support for the Regional Strategic Plan. Jason Gage, City Manager, explained the Enterprise Zone Act, building permit rebate programs, neighborhood revitalization area, and the fiscal impact. 05-7041 Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Resolution No. II 05-6230. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 05-6226 setting the date of public hearing to consider whether certain structures shall be condemned and ordered repaired or demolished. Mike Roberts, Building Official, explained the dangerous structures procedures and locations of the dwellings and deficiencies. 05-7049 Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Resolution No. 05-6226. Aye: (5). Nay: (0). Motion carried. (8.4) Award of contract for the Curb, Gutter and Concrete Pavement Improvements, Project No. 05-1532. Brad Johnson, City Engineer, explained the project, bids received and project funding. Mr. Johnson and City Manager Jason Gage responded to Commissioner Marrs' questions regarding the timeline of the bidding of the project, funding of the project, and completion of the asphalt projects. 05-705 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to award the contract for the Curb, Gutter and Concrete Pavement Improvements, Project No. 05-1532 to Pavers, Inc. in the amount of $218,147.50. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution No. 05-6229 providing for the advisability and authorization of street and drainage improvements in Golden Eagle Estates Addition. (8.5a) Authorize a Development Agreement related to the blending of public and private financing for public improvements. Brad Johnson, City Engineer, explained the request, feasibility report, improvements, project schedule, project funding, and the agreements. Greg Bengtson, City Attorney, commented on the developer's agreement, noting the project schedule and the financial security requirement. A discussion followed between Commissioner Marrs, City Manager Jason Gage, and Public Works Director Shawn O'Leary, regarding the developer agreement, project approval processes, the cost and funding of the improvements, and future ownership of the utilities. Page 3 1 Commission Action # Additional discussions followed between Commissioner Perney, Mr. O'Leary, and Mr. Andrew regarding the improvements of Huntington Road and Sherwood Lane and the funding of the improvements of Huntington ditch and the Wayne crossing and Sherwood crossing. Tim Howison, developer, responded to the Commission's questions regarding the z crossover on Sherwood Lane, and reasoning why they want to privately construct the improvements. w Mr. Howison continued to comment on the security required on the project. Greg Bengtson, City Attorney, explained the prepayment agreement, the security requirement, and levying assessments. 0 Mr. Gage commented on the funding of the project and the timeline of completion of the project. Mr. Bengtson responded to Commissioner Marrs' questions regarding the prepayment, letter of credit, and acceptance of the utilities. Mr. Andrew responded to Commissioner Perney's question on the assessment breakdown to the improvements to Huntington Road. utilities. Mr. O'Leary responded to Commissioner Vanier's question regarding construction of the 05-70511 Moved by Commissioner Vanier, seconded by Commissioner Perney, to add the IIprepayment agreement to the agenda. Aye: (5). Nay: (0). Motion carried. 05-70511 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to adopt Resolution No. 05-6229. Aye: (5). Nay: (0). Motion carried. 05-7053 Moved by Commissioner Marrs, seconded by Commissioner Perney, to authorize a Development Agreement relating to the blending of public and private financing for public improvements. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Perney, seconded by Commissioner Jilka, to approve the prepayment agreement. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT 05-7054 Moved by Commissioner Jilka, 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 5:26 p.m. [SEAQ,] Deborah Divine, Mayor ATTEST: Lieu Ann Elsey, City Cle Page 4