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07-01-2002 MinutesCommission Action # �MWM-sauaa 02-3324 02-3325 02-3326 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 1, 2002 4:00 p.m. The City Commission convened at 2:00 p.m. in a Study Session for a North Ohio Corridor/Overpass Project Briefmg. 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: Mayor Kristin M. Seaton, Chairman presiding Commissioner Deborah P. Divine Commissioner Don Heath Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Mike Morgan, Deputy City Manager Shandi Wicks, Account Clerk Lieu Ann Nicola, City Clerk None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The day of July 4, 2002 as "Hometown Heroes Day" in the City of Salina. Roger Steinbrock, All-American 4' Chairperson, read the proclamation dedicated to the local Fire Fighters and Police Officers. (4.2) Resolution No. 02-5839 expressing gratitude and appreciation to Charlie I. Cole for his employment with the City of Salina from July 16, 1962 to October 23, 1967 and October 1, 1968 to June 30, 2002. Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution Number 02-5839. Aye: (5). Nay: (0). Motion carried. (4.3) Resolution No. 02-5840 expressing gratitude and appreciation to Tom Graham for his employment with the City of Salina from October 1, 1970 to June 30, 2002. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution Number 02-5840. Aye: (5). Nay: (0). Motion carried. (4.4) Resolution No. 02-5841 expressing gratitude and appreciation to Dale E. Johnson for his employment with the City of Salina from August 17, 1973 to August 15, 1977 and August 1, 1981 to June 30, 2002. Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Resolution Number 02-5841. Aye: (5). Nay: (0). Motion carried. Mayor Seaton presented plaques to Charlie I. Cole and Tom Graham. Dale E. Johnson was not present. Commission Action 11 02-332 02-3328 02-3329 02-3330 02-3331 PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 17, 2002. (6.2) Resolution No. 02-5847 granting the request of certain employees of the City of Salina for defense in a civil suit arising out of their employment with the City. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #P02-lA, filed by C.L. Clark, requesting approval of a final plat of Interstate District North of I-70 No. 3 located at the southwest corner of North 9b Street and Pleasant Hill Road. (7.1a) Second reading Ordinance No. 02-10079 requesting a change in zoning district classification from A-1, Agricultural District and C-5, Service Commercial District to C-5, Service Commercial District and I-2, Light Industrial District on property located at the southwest corner of North Ninth Street and Pleasant Hill Road. Dean Andrew, Director of Planning and Community Development, explained the application, history, street access, lot design, utilities/drainage, easement and dedications, covenants and City Planning Commission action and recommendation. He then asked the Commission to accept the easement and dedications. Connie Achterberg, 132 Overhill Road, thanked Mr. Andrew and staff then asked for Commission approval of the plat. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to accept the proposed easement and right-of-way dedications and to authorize the Mayor to sign the Interstate District North of I-70 No. 3 plat. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Ordinance Number 02-10079 on second reading. A roll call vote was taken. Aye: (5), Divine, Heath, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (7.2) Application #Z02-3, originally filed by Lee and Carolyn Carpenter, requesting a change in zoning district classification from I-2, Light Industrial District to R-3, Multi -Family Residential District on property addressed as 340 N. Tenth Street. (7.2a) First reading Ordinance No. 02-10088. Dean Andrew, Director of Planning and Community Development, explained the origin of the request, the non -conforming use, the change of ownership in the middle of this application, and the City Planning Commission's recommendation for approval. He then responded to inquiry from Commissioner Divine. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to approve Application Z02-3 changing the zoning from I-2, Light Industrial to R-3, Multi -Family Residential on property addressed as 340 N. Tenth Street. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve Ordinance Number 02-10088 for first reading. Aye: (5). Nay: (0). Motion carried. Commission Action # �, W M,m 02-3332' 02-3333 02-3334 ADMINISTRATION (8.1) First reading Ordinance No. 02-10087 amending Chapter 22, Section 22-23 pertaining to Gas Distribution Systems and Chapter 8, Sections 8-36.1 and 8-188.1 adopting local amendments to the Uniform Plumbing Code and Uniform Building Code, and Section 8-401 pertaining to permits. Michael Morgan, Deputy City Manager for Development Services, explained the changes initiated by an appeal by USD 305, the agreement of the Building Advisory Board and the proposed elimination of duplication of services. He then responded to Mayor Seaton's inquiry regarding setbacks. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve Ordinance Number 02-10087 for first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 02-5849 authorizing an Addendum to the Oil and Gas Lease with GARO, Inc. Greg Bengtson, City Attorney, explained that GARO, Inc. has taken the position that the development of the par -three golf course has impaired the value of the well. He reported on the extended negotiations that have taken place and the resulting addendum to the 1963 lease. He explained seven matters that the addendum addressed and that it also provides for an adjustment of the City's royalty interest by a reduction of half. He noted that how long the well produces and the price of oil will determine the long-term fiscal impact of the reduction in the City's royalty. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Resolution Number 02-5849 authorizing an Addendum to the Oil and Gas Lease with GARO, Inc. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Mayor Seaton wished everyone a happy, safe Fourth and noted that the next meeting of the City Commission will be July 8th. ADJOURNMENT Moved by Commissioner Jilka, seconded by Commissioner Shadwick, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:35 p.m. [SEAL] ATTEST: Alttt,ola� Lieu Ann Nicola, City Clerk .stin M. Seat , Mayor