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02-06-2006 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 6, 2006 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for discussions on City Commission w Board Liaison Appointments and the North Ohio Overpass Landscaping. 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 II comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The month of February 2006 as "Black History Month" in the City of Salina. Eleanor Jones read the proclamation and announced upcoming events. (4.2) The month of February 2006 as "National Ambucs Month" in the City of Salina. Ronda Bethe read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to consider Resolution No. 06-6245 providing for the repair or removal of dangerous structures. Mayor Divine opened the public hearing. Michael Schrage, Deputy City Manager, explained the state statutes and city policies and procedures regarding dangerous structures, and location of the structures. Mr. Schrage continued to explain the proposed resolution. Mr. Schrage then responded to Commissioner Marrs' question regarding the partial footing inspection conducted at 252 Smithers. Ron Michaelson, Building Inspector, also responded to Commissioner Marrs' question, explaining what work would need to be completed. Ron Frank, 3757 E. Country Club Road, submitted a letter to the Commission requesting that the structure located at 252 Smithers be removed from the dangerous structures listing and stated that they have completed the work necessary. A discussion followed between Commissioner Marrs, Mr. Frank, and Mr. Michaelson regarding the work that was required and inspections. Additional discussions followed between Commissioner Marrs, Mr. Schrage, and Mr. Gage regarding the ability to allow time extensions. Mr. Frank then responded to Commissioner Vanier's question regarding the work that has been completed and inspections done. There being no further comments, the public hearing was closed. 06-7095 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to adopt Resolution No. 06-6245. Aye: (5). Nay: (0). Motion carried. Page 1 Commission Action # CONSENT AGENDA (6.1) Approve the minutes of January 23, 2006. (6.2) Resolution No. 06-6244 authorizing a Fire Department Mutual Aid Agreement with the Z City of Abilene. w (6.3) Postpone consideration of the acceptance of dedication of public street right-of-way in Block 24 of the Schilling Subdivision until March 6, 2006. (Postponed from the January 9, 2006 a meeting.) 06-'709( Moved by Commissioner Marrs, seconded by Commissioner Perney, to approve the consent agenda with a correction to the minutes. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 06-10318 providing for the rezoning of property located at 1125 E. Iron Avenue from R-2 (Multi -Family Residential) to PC -1 (Planned Restricted Business). Dean Andrew, Director of Planning and Community Development, explained the request, site plan review, and items that did not conform to city code and standards. Mr. Andrew responded to Commissioner Marrs' question regarding permitted uses. Warren Ediger, Architect for the applicant, responded to Mayor Divine's question regarding screening and obtaining written approval from surrounding neighbors. Mr. Ediger submitted a new site plan to staff and responded to staff's determination on the informalities. 06-7097 Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Ordinance No. 06-10318 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Authorize the Mayor to sign the plat and accept the offered right-of-way, easement and restricted access dedications in the Piercy Addition. Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission's recommendation and conditions. A discussion followed between Mayor Divine and Mr. Andrew regarding zoning of the property. Shawn O'Leary, Director of Public Works, responded to Commissioner Marrs' question regarding city standards in relation to the cul-de-sac and driveways and requiring a variance. A discussion followed between City Manager Jason Gage, Mr. O'Leary, and Mr. Andrew regarding variances. Jason Johnson, Landmark Survey representing the applicant, commented on lot frontages of the lots in the cul-de-sac. 06-709 Moved by Commissioner Perney, seconded by Commissioner Marrs, to authorize the Mayor to sign the plat and accept the offered right-of-way, easement and restricted access dedications made on the plat on behalf of the City. Aye: (5). Nay: (0). Motion carried. (7.3) Application #Z05-13 (filed by Craig Piercy) requesting a change in zoning district classification from A-1 (Agricultural) to R-2 (Multi -Family Residential) in the Piercy Addition. (7.3a) First reading Ordinance No. 06-10319. Dean Andrew, Director of Planning and Community Development, explained the request, the applicant's decision to change the zoning to R-1 instead of the R-2 zoning, and the Planning Commission's recommendation. 06-7091ApplicatiMoved by Commissioner Marrs, seconded by Commissioner Perney, to approve on #Z05-13 requesting a change in zoning to R-1. Aye: (5). Nay: (0). Motion carried. 06-7100 Moved by Commissioner Marrs, seconded by Commissioner Perney, to pass Ordinance No. 06-10319 on first reading. Aye: (5). Nay: (0). Motion carried. Page 2 Commission Action # ADMINISTRATION (8.1) Authorizing and approving the issuance of temporary notes and bonds relating to the North Ohio Grade Separation project (Project No. 00-1248). N N z (8.1a) Resolution No. 06-6266 authorizing the Offering for Public Sale of General a W Obligation Temporary Notes Series 2006-1 and General Obligation Internal Improvement Bonds, Series 2006-A of the City of Salina Kansas. 0 (8.Ib) First Reading Ordinance No. 06-10320 authorizing the Issuance and Delivery of $2,200,000 Principal Amount of General Obligation Internal Improvement Bonds, Series 2006-A of the City of Salina Kansas. Rodney Franz, Director of Finance and Administration, explained the issuances. Mr. Franz noted that second reading will be March 20, 2006 along with the award of the bids. He then responded to Commissioner Jilka's question regarding the state funding on the project. 06-7 Moved Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution No. 06-6266. Aye: (5). Nay: (0). Motion carried. 06-7102 Moved by Commissioner Marrs, seconded by Commissioner Perney, to pass Ordinance No. 06-10320 on first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 06-6238 amending the City of Salina Personnel Manual. Deborah Demel, Assistant City Manager, explained the amendments. 06-7103 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Resolution No. 06-6238. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 06-6243 finding to the advisability and authorizing improvements in Magnolia Hills Estates Addition. Brad Johnson, City Engineer, explained the request, feasibility report and project financing. Kelly Dunn, Petitioner, thanked city staff and the Commission for their efforts on the prod ect. 06-7 Moved Moved by Commissioner Vanier, seconded by Commissioner Marrs, to adopt Resolution No. 06-6243. Aye: (5). Nay: (0). Motion carried. (8.4) Authorize an agreement for engineering design services on the South Ninth Street Corridor Improvements, Phases 4 and 5. Shawn O'Leary, Director of Public Works, explained the project, agreement, and funding. Mr. O'Leary and Dean Andrew, Director of Planning and Community Development responded to Commissioner Marrs' question regarding annexing of South Ninth Street to Water Well Road. Mr. O'Leary then responded to Commissioner Perney's and Mayor Divine's questions regarding the area covered within the agreement. 06-7105 Moved by Commissioner Perney, seconded by Commissioner Jilka, to authorize an agreement for engineering design services on the South Ninth Street Corridor Improvements, Phases 4 and 5 with Wilson &Company in the amount of $146,600. Aye: (5). Nay: (0). Motion carried. (8.5) Authorize agreement with Wilson & Company and Kansas Wesleyan University to conduct a traffic study for the proposed new student facility and the impact of potential closures to adjacent public streets. Brad Johnson, City Engineer, explained the request, agreement, and funding. Mr. Johnson responded to Commissioner Perney's question regarding the intersections included in the agreement. Page 3 Commission Action # Troy Eisenbraun, Wilson & Company, responded to Commissioner Pemey's question. He then responded to Mayor Divine's question regarding the closing of Claflin Avenue and Commissioner Marrs' question regarding funding of the agreement. z A discussion followed between Commissioner Jilka, Mayor Divine, and Mr. Johnson w regarding the closure of Fourth Street. Mr. Johnson responded to Commissioner Vanier's question regarding the traffic study and possible future changes to the facility. Mr. Johnson noted a 100 year master plan that was submitted by Kansas Wesleyan University was taken into consideration when developing the agreement. A discussion followed between Commissioner Marrs and Dean Andrew, Director of Planning and Community Development, regarding parking. 06-710 Moved by Commissioner Jilka, seconded by Commissioner Perney, to authorize an agreement with Wilson & Company and Kansas Wesleyan University to conduct a traffic study related to the Kansas Wesleyan University new student activity center and approve the 50150 cost sharing arrangement for funding the contract as noted in the 2006 C.I.P. Aye: (5). Nay: (0). Motion carried. (8.6) Acceptance of dedication of a permanent public utility easement in Highland Meadows Hamlet Addition. Brad Johnson, City Engineer, explained the dedication of easement. 06-710 Moved by Commissioner Marrs, seconded by Commissioner Perney, to accept the dedication of the 20' public utility easement at the entrance to Highland Meadows Hamlet Subdivision. Aye: (5). Nay: (0). Motion carried. (8.7) Authorize purchase of replacement meter reading systems. Rodney Franz, Director of Finance and Administration, explained the purchase and financing. 06-710 Moved by Commissioner Perney, seconded by Commissioner Vanier, to authorize the purchase of replacement meter reading systems from Utility Solutions Associates in the amount of $45,344. Aye: (5). Nay: (0). Motion carried. (8.8) Authorize the West Grand Avenue Phase 1 Public Water System Improvements, Project No. 04-1488. Shawn O'Leary, Director of Public Works, explained the project, financing, land acquisition issues, and fiscal impact. Mr. O'Leary then responded to Mayor Divine's questions on whether the original petitioners are still interested in pursuing the development and the quality of the well water in that area. Mr. O'Leary and City Manager Jason Gage responded to Commissioner Vanier's question regarding future annexation in the area, funding of the project, and water line looping. A discussion followed between Commissioner Marrs, Mr. O'Leary, and Martha Tasker, Director of Utilities, regarding rerouting the utility lines and dead end lines. Fire Chief Darrell Eastin and Ms. Tasker responded to the City Commission and Mr. Gage's questions regarding current rural fire contracts on West Grand, fire protection provided to the King Industries property, city fire protection to other properties located outside of the city limits without a rural fire contract, water flow rates, and pipe line sizes. Mr. O'Leary then responded to Commissioner Vanier's question regarding cost recovery. Mr. O'Leary and Mr. Gage also commented on use of city utilities without annexation. A discussion followed between Mr. O'Leary, Commissioner Marrs and Commissioner Vanier regarding the special assessment process, the benefit district and petition requirements. Page 4 Commission Action # Mr. Gage referenced Subsection 3 of Section VI of the King Industries' annexation agreement dated September 21, 2004. Mr. O'Leary responded to Commissioner Jilka's question of whether or not the city has Z ever rejected a utility request with a valid petition. w Greg Bengtson, City Attorney, commented on the advisability of the improvements. Mr. Andrew then responded to Commissioner Vanier's question regarding de -annexation. 0 U Barbara Young, 1100 W. Grand, asked staff a question regarding emergency response for her property. Mr. O'Leary responded. Craig King, King Industries, Inc., commented on Phase I of the project and the amount of time that has passed since the City Commission's initial commitment. Mr. King noted that the same number of property owners still supported the project as before. Mr. King also referenced their annexation agreement with the city. Mr. King then responded to Commissioner Marrs' question regarding development of the property. Timothy Ochs, 1201 W. Grand Avenue, commented on their annexation agreement with the city, looping, and sharing easements. Mr. Ochs agreed with Mr. King's understanding in relation to the time lapse of the project and the investments they have made in preparation of these improvements. Commissioner Marrs commented on development of the land and dead end lines. Mayor Divine noted the importance of upholding the annexation agreements. 06-710S Moved by Mayor Divine, seconded by Commissioner Vanier, to ratify the project and proceed with a property owner initiated special assessment petition and a capital cost recovery ordinance, limit any future utility services to properties that have been annexed, and direct staff to proceed with an analysis of Phase 2 of the project. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS 06-71 1C Moved by Commissioner Marrs, seconded by Commissioner Pemey, to add Item 9.1 to the agenda. Aye: (5). Nay: (0). Motion carried. (9.1) Second reading Ordinance No. 05-10298 providing a change in zoning district classification from A-1 to R-1 in Magnolia Hills Estates Addition. Mayor Divine noted that Ordinance No. 05-10298 was passed on first reading on August 8, 2005 and since that time no comments have been received. Second reading of the ordinance was held until final plat approval of the Magnolia Hills Estates Addition and the City Commission approved the plat in December of 2005. 06-7111 Moved by Commissioner Vanier, seconded by Commissioner Marrs, to adopt Ordinance No. 05-10298 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine. Nay: (0). Motion carried. ADJOURNMENT 06-7111 Moved by Commissioner Jilka, 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 6:22 p.m. , 4*1,44 Deborah Divine, Mayor [SEAL] ATTEST: 14, ty Lieu Arm Elsey, CMC, Clerk Page 5