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06-26-2006 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 26, 2006 4:00 p.m. r The City Commission convened at 3:45 p.m. in a Study Session for a Citizens' Open Forum. The Z ti Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City- ti County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. N There were present: 0 Mayor Donnie D. Marrs, Chairman presiding Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner R. Abner Pemey 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 CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 19, 2006. (6.2) Resolution No. 06-6289 authorizing an agreement with St. Paul Travelers for the renewal of the City's Comprehensive Property/Casualty Insurance. (6.3) Authorize purchase of a disk to disk to tape backup solution from Eagle Software in the amount of $54,182.77. Commissioner Jilka requested that Item 6.2 be removed from the consent agenda. 06-7262 Moved by Commissioner Vanier, seconded by Commissioner Divine, to approve Items 6.1 and 6.3 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. City Manager Jason Gage responded to Commissioner Jilka's question regarding the increase in premium on the coverage of the city's fleet and the difference in amounts of the deductible. Mark Skidmore, Sunflower Insurance Group, responded to Commissioner Jilka's question regarding the city's deductible. Mr. Skidmore also responded to Mayor Marrs' question regarding coverage of boilers within city facilities. 06-7263I Moved by Commissioner Jilka, seconded by Commissioner Pemey, to adopt Resolution No. 06-6289. Aye: (5). Nay: (0). Motion carried. Page 1 Commission Action # DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 06-10337 providing for an amendment to Section 42-503 of the Salina Code pertaining to the number of signs permitted on corner and through lots. z Dean Andrew, Director of Planning and Community Development, explained the amendment and the Planning Commission's recommendation. Mr. Andrew also responded to Mayor Marrs' question regarding the current regulations on the size and the amount of signs that are prohibited. a A discussion followed between Commissioner Perney and Mr. Andrew regarding the use of double-faced signs. Additional discussions between Mayor Marrs and Mr. Andrew regarding maximum size of signs, how many signs are allowed, and the exemption of directional signs. 06-7264 Moved by Commissioner Jilka, seconded by Commissioner Perney, to pass Ordinance No. 06-10337 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) First reading Ordinance No. 06-10336 providing for an amendment to Section 42-464 regarding the criteria to be considered when reviewing a proposed demolition within a historic district. Dean Andrew, Director of Planning and Community Development, explained the current regulations, the proposed amendments, the Heritage Commission's and the Planning Commission's recommendation. A discussion followed between Commissioner Divine and Mr. Andrew on how the proposed criteria would be used. Commissioner Jilka noted that the goal was to find a means to prevent demolition by neglect and felt that the ordinance would be a positive step in that direction. Mr. Andrew responded to Mayor Marrs' questions regarding the number of landmarks and properties within the district, historical boundaries and whether or not staff could identify the properties that would be affected by the amendment. A discussion followed between Mayor Marrs, Commissioner Vanier, City Manager Jason Gage, and Mr. Andrew regarding property owners' rights, making sure the affected properties are aware of the changes, financial ability to maintain the properties, and possible financial assistances that are available. Mayor Marrs felt that the government should not manage private properties and the proposed ordinance would place restrictions on properties. Commissioner Jilka commented that the point is to prevent a similar situation from occurring as is did with the house that was located on West Prescott. Mr. Andrew commented on how the criteria would be utilized. Commissioner Perney commented on the proposed criteria and the one-year deadline. He did not feel that the ordinance addresses improving the property prior to the demolition stage. Mr. Gage commented on private property rights and regulatory authority. Mr. Gage explained that staff felt it would place more restrictions if they focused on the preventative measures. Commissioner Divine felt that it was important that citizens know the expectations and standards of keeping the community attractive and well maintained; and the need to recognize that this can impact the community. Commissioner Divine felt it was important to address the issue in advance. A discussion followed between Commissioner Jilka and Mr. Andrew regarding the use of a demolition by neglect ordinance in surrounding communities. Page 2 Commission Action # Mr. Andrew clarified, as requested by Mayor Marrs, that staff would be able to identify the properties that would be affected by the amendment. Commissioner Perney felt that the ordinance would only deal with the property owners Z that request their structure be demolished that are located within the district; furthermore, the W ordinance does not address improving the property. ti Mayor Marrs expressed his opposition to the amendment, feeling that it would infringe on property owners' rights. He explained that he would like to see the issue go back to Planning Commission, and identify properties owners that are affected so they are made aware of the changes. 06-7265 Moved by Mayor Marrs, seconded by Commissioner Vanier, to direct staff to identify all the property owners affected by the proposed ordinance, notify the property owners so they can address their concerns to the Planning Commission, and the Planning Commission may return the item back the City Commission as they see fit. Commissioner Jilka commented that he respected Mayor Marrs' concerns, but that the amendment is a positive step. Commissioner Perney disagreed with Mayor Marrs' request of notifying all potential property owners, because it was not a practice that had been done in the past. Commissioner Vanier felt the ordinance would limit property owners on what they can do in the future. Mayor Marrs called the question. Aye: (2) Vanier, Marrs. Nay: (3) Divine, Jilka, Perney. Motion failed. 06-7266 Moved by Commissioner Divine, seconded by Commissioner Perney, to pass Ordinance No. 06-10336 on first reading, direct staff to notify the community through public notice that this ordinance will be presented to the City Commission for second reading at the next meeting. Aye: (3) Divine, Jilka, Perney. Nay: (2) Vanier, Marrs. Motion carried. ADMINISTRATION (8.1) Authorization to continue to offer the Curbside Recycling Service to sanitation customers. Michael Fraser, Director of General Services, explained the program, and the expenses and revenues from the program. Mr. Fraser responded to Commissioner Vanier's question regarding the customer waiting list. Mr. Fraser also responded to Mayor Marrs' question regarding the surplus of revenue and the possible rate increase. A discussion followed between the Commission, City Manager Jason Gage, and Mr. Fraser regarding the program being self-supporting, future replacement of the equipment, broadening citizen participation, and service rates. Phil Black, 438 Hazel Court, commented that he is happy with the program and felt that the rate is reasonable. 06-7267 Moved by Commissioner Divine, seconded by Commissioner Jilka, to continue to provide curbside recycling to City of Salina sanitation customers for another 12 month period. Aye: (5). Nay: (0). Motion carried. (8.2) Authorize an interlocal agreement with Saline County for maintenance of the Soccer Complex. Shawn O'Leary, Director of Public Works, explained the agreement, and noted that Wilson & Company has extended to Saline County the contractual indemnification obligation in relation to the entrance improvements. Page 3 Commission Action # 1 i 1 Mr. O'Leary responded to Mayor Marrs' question regarding whether we have received Saline County concurrence on the design and Commissioner Divine's question regarding possible easement acquisition. 06-7268 Moved by Commissioner Perney, seconded by Commissioner Jilka, to approve the interlocal agreement with Saline County for maintenance of the entrance improvements at the Soccer Complex. Aye: (5). Nay: (0). Motion carried. (8.3) Request for executive session (legal). U 06-7269 Moved by Commissioner Divine, seconded by Commissioner Vanier, to recess into executive session for 15 minutes to discuss with the City Attorney a matter subject to the attorney- client privilege for the reason that public discussion of the matter would waive that privilege and adversely affect the City's interest in the matter; and reconvene at 5:22 p.m. Aye: (5). Nay: (0). Motion carried. p.m. The City Commission recessed into executive session at 5:07 p.m. and reconvened at 5:31 None. OTHER BUSINESS ADJOURNMENT 06-72701Moved by Commissioner Divine, seconded by Commissioner Vanier, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:31 p.m. [SEAL] ATTEST: Lieu Ann Elsey, CM City Clerk Donnie D. Marrs, Mayor Page 4