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02-26-2007 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 26, 2007 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session on Wayfinding Signage. 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: g Mayor Donnie D. Marrs, Chairman presiding Commissioner Deborah P. Divine Commissioner Alan E. Jilka 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 CITIZEN FORUM Harold Morrison, 1605 N. Ohio Street, commented on the North Ohio ponds and possible use of water from the ADM Milling detention pond. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Petition No. 4291, filed by LOJ Enterprises and Bohm Farm and Realty, Inc., requesting the vacation of an alley right-of-way between Blocks 3 and 4 of the Elm Grove Addition. Mayor Marrs opened the public hearing. Dean Andrew, Director of Planning and Community Development, explained the request and staff s recommendation of postponement to allow feedback to be obtained from owners located on the East side of Cherry Street. A discussion followed between Mayor Marrs and Mr. Andrew regarding the survey and how the vacation would be recorded. A discussion followed between Commissioner Divine and Mr. Andrew regarding uses in the I-2 zoning, fencing and licensing requirements. Mr. Andrew then responded to Commissioner Divine's questions regarding the zoning uses in I-2 district, strategic vision, and the future utility loops on Grand Avenue and requirement of having a fence, and the facility being unlicensed. There being no further comments, the public hearing was closed. 07-7467 Moved by Commissioner Divine, seconded by Commissioner Jilka, to continue the public hearing until March 5, 2007. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of February 12, 2007. (6.2) Resolution No. 07-6365 awarding a contract for the 2007-2009 Utilities Department mowing services to Ponton Construction, Inc. in the amount of $3,500 per month. Page 1 Commission Action # (6.3) Approve contract for removal and replacement of trees in the downtown area, Project No. 07-2642 with Salina Tree, Inc. in the amount of $16,238. (6.4) Authorize execution of a grant application, on behalf of the Salina Human Relations Commission, in partnership with the Tammy Walker Cancer Center, to the Susan G. Komen for the w Cure Award and Grant Program. A Commissioner Jilka requested that Item 6.3 be removed from the consent agenda. 07-Z468 Moved by Commissioner Divine, seconded by Commissioner Perney, to approve Items 6. 1, 6.2 and 6.4 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Steve Blue, City Forester, responded to Commissioner Jilka's question regarding the type of trees being planted and Commissioner Perney's question regarding the size of the trees. 07-746911 Moved Commissioner Jilka, seconded by Commissioner Perney, to approve Item 6.3 as presented. Aye: (5). Nay: (0). Motion carried.• DEVELOPMENT BUSINESS (7.1) Resolution No. 07-6356 declaring the intent to initiate proceedings for improvements on West Diamond Drive. Michael Schrage, Deputy City Manager, explained the project, feasibility and'cost allocation of the project. Mr. Schrage then responded to Commissioner Perney's question on why parcels 5 and 6 were not being assessed sanitary sewer and water costs, and the water supply source for the property located to the north. Mr. Schrage also responded to Commissioner Vanier's question regarding which direction the storm sewer drainage would flow for parcels 7, 8, and 9. 07-7470 Moved by Commissioner Divine, seconded by Commissioner Vanier, to adopt Resolution No. 07-6356. Aye: (5). Nay': (0). Motion carried. (7.2) Resolution No. 07-6357 approving an agreement with Com Co of Kansas, Inc. outlining, conditions and understandings related to the annexation of property located on Diamond Drive. Dean Andrew, Director of Planning and Community Development, explained the agreement. Mr. Andrew then responded to Commissioner Jilka's question regarding the compensation for damage.to crops. Michael Schrage, Deputy City Manager, noted some minor corrections to the agreement. 07-7471 Moved by Commissioner Penney, seconded by Commissioner Jilka, to adopt Resolution No. 07-6357. Aye: (5). Nay: (0). Motion carried. (7.3) Application #A07-1, filed by Com Co of Kansas, Inc., requesting annexation of a 36.29 acre tract located on Diamond Drive. (7.3a) First Reading Ordinance No. 07-10374. (7.3b) Declare an emergency exists for second reading on the same day. (7.3c) Second Reading Ordinance No. 07-10374. Dean Andrew, Director of Planning and Community Development, explained the request, amendment to the comprehensive plan, and the request for first and second reading. 07-747211 Moved by Commissioner Perney, seconded by Commissioner Jilka, to pass Ordinance No. 07-10374 on first reading. Aye: (5). Nay: (0). Motion carried. Page 2 Commission Action # 07-7473 Moved by Commissioner Divine, seconded by Commissioner Perney, to declare an emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried. 07-7474 Moved by Commissioner Jilka, seconded by Commissioner Pemey, to adopt Ordinance N No. 07-10374 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Pemey, Vanier, Marrs. Nay: (0). iMotion carried. w ADMINISTRATION (8.1) Resolution No. 07-6364 appointing members to various city boards and commissions. U 07-7475 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Resolution No. 07-6364. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 07-6366 determining the advisability of issuing Industrial Revenue Bonds for the purpose of refunding Industrial Revenue Bonds, Series 2002 (KASA Industrial Controls, Inc.). Greg Bengtson, City Attorney, explained the KASA Industrial Control, Inc. Industrial Revenue Bonds that were issued in 2002 and the proposed resolution. 07-7476 Moved by Commissioner Vanier, seconded by Commissioner Perney, to adopt Resolution No. 07-6366. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 07-6367 requesting the installation of a governor's hometown sign for Governor Bill Graves. Greg Bengtson, City Attorney, explained the Kansas Hometown Heritage Act. Jason Gage, City Manager, responded to Commissioner Divine's question regarding the placement of the signs. 07-7477 Moved by Commissioner Vanier, seconded by Commissioner Divine, to adopt Resolution No. 07-6367. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Mayor Marrs reminded the citizens to vote in the primary election tomorrow. ADJOURNMENT 07-7478 Moved by Commissioner Vanier, seconded by Commissioner Divine, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:47 p.m. 0 �Q Y N� Donnie D. Marrs, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, Ci Jerk i Page 3