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09-17-2001 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS September 17, 2001 4:00 p.m. The City Commission convened at 3:00 p.m. in a Study Session to discuss the Report from Red Cross on Utility Bill Assistance and State Law Change Briefing - City Water Utility Sales Tax. 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 Larry L. Mathews Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dermis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk None CITIZEN FORUM Susan Stover, 919 W. Ash, co-chair of the Salina Seven Community Ministries, requesting the fees for the use of the Bicentennial Center be waived to hold a city-wide memorial service for all the victims of New York and to honor local firefighters and police officers. She continued to explain some of the plans that have been made for the memorial service. Mayor Seaton questioned if would be possible for City Staff to attend the planning meeting on Wednesday, September 19, 2001. Dennis Kissinger, City Manager, explained it was in the Commission's discretion to waive the fees. He also explained some of the concerns that may be raised. Ms. Stover explained past conversations she has had with individuals within the community. Commissioner Shadwick felt that it would be appropriate, because many citizens want to do more. Mayor Seaton expressed of wanting City Staff to participate in the planning meeting and to choose one of the dates for the memorial service. Mr. Kissinger explained that it would be staffs preference to have a little more planning time, and if able to waive the fee for the use of the Bicentennial Center. Mayor Seaton explained that there was no concern regarding waiving the fee and if the service was set for September 30, 2001 it would be able to be brought back to the Commission if needed. 01-3031 Moved by Commissioner Divine, seconded by Commissioner Jilka, to authorize City Staff to waive the fees for the use of the Bicentennial Center to hold a city-wide memorial service. Aye: (5). Nay: (0). Motion carried. Commission Action # 01-30321 AWARDS - PROCLAMATIONS (4.1) The week of September 17 - 23, 2001 as "POW/MIA Recognition Week" and the day of September 21, 2001 as "POW/MIA Recognition Day" in the City of Salina. The proclamation was read by Melvin Stephens, President of the Salina POW/MIA. (4.2) The week of September 17 - 23, 2001 as "Constitution Week" in the City of Salina. The proclamation was read by Sharon Foust, Constitution Week Chairperson. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of September 10, 2001 (6.2) Resolution No. 01-5762 requesting that the Saline County Commission approve the annexation of properties along the North Ohio Street Corridor to allow those properties to receive City water and sanitary sewer service and rescinding Resolution No. 01-5759. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #SUPO1-1, filed by Centerpointe Tower Site Solution, requesting approval of a Special Use Permit to allow construction of a lattice -type wireless communication tower exceeding 200 feet in height in an A-1 (Agricultural) District. Dean Andrew, Director of Planning and Community Development, explained the application and the Planning Commission's recommendation. Commissioner Shadwick questioned when the variances were established. Mr. Andrew explained when established. Dennis Kissinger, City Manager, explained that there may be some unusual reasons for different standards. Commissioner Shadwick questioned on the notification to property owners. Mr. Andrew explained the standard of notification. Commissioner Shadwick questioned if this notification was consistent with others. Mr. Andrew explained how it was determined who was to be notified. Commissioner Mathews questioned the regulations relating to the monopole. Mr. Andrew explained the regulations. Mr. Kissinger explained the benefits of co -locating. Commissioner Divine questioned why the building compound must be painted white. Mr. Andrew explained it was for uniformity purposes. Commissioner Shadwick questioned the height of the water tower. Don Hoff, Utilities Director, explained the water tower is approximately 150 feet, but stands on higher elevation. Commission Action # �o�,o�eaee5a��z 01-3033 01-30341 Mr. Kissinger commented on visualizing the height. Keith Cendrick, Centerpointe Tower Site Solution, explained the reasoning for not having more information available. Commissioner Divine questioned on the noise factor. Mr. Cendrick explained that a low humming noise could possibly be heard from inside. Mr. Kissinger explained the benefits. Moved by Commissioner Mathews, seconded by Commissioner Divine, to approve application #SUPO1-1 requesting approval of a Special Use Permit to allow construction of a lattice - type wireless communication tower with conditions outlined by the Planning Commission.. Aye: (5). Nay: (0). Motion carried. (7.2) Resolution No. 01-5764 authorizing a ground lease with Centerpointe Towers, L.L.C. for the location of a wireless communication tower. Dennis Kissinger, City Manager, explained that City Staff is currently working on the agreement and asked that the resolution be presented again at the next meeting. Greg Bengtson, City Attorney, explained the draft lease agreement and provisions. Mr. Kissinger explained the differences of the provisions. Mayor Seaton questioned if the term "by tenant" meant other businesses leasing the space and also that there would only be one agreement with it being with the builder of the tower. Mr. Bengtson clarified that was correct. Mr. Kissinger explained that Centerpointe would rent space. Mayor Seaton questioned what the public use of the tower would be. Mr. Kissinger explained the public use possibilities and cost arrangements. Commissioner Shadwick questioned whom would be responsible in removing the tower when no longer in use. Mr. Bengtson explained that was one of the items that are currently worked out in the lease agreement. Dean Andrew, Director of Planning and Community Development, explained that this is addressed in the telecommunications ordinance. Mr. Kissinger explained that a provision could be placed in the lease dealing with this issue. Moved by Commissioner Divine, seconded by Commissioner Jilka, to table Resolution No. 01-5764 until the September 24, 2001 City Commission meeting. Aye: (5). Nay: (0). Motion carried. (7.3) Request to conduct a comprehensive review and consider possible amendments to the C-4 (Central Business) District regulations relating to the location of drinking establishments in the Central Business District. Commissioner Shadwick excused himself from the meeting due to conflict of interest. Dean Andrew, Director of Planning and Community Development, explained the recommendations from the Downtown Task Force and the Board of Directors of the Downtown Commission Action # consoiieaiee�saiiva Business Improvement District. He also explained the Planning Commission's recommendations and concerns. Mayor Seaton questioned if staff had come up with definitions that differentiate between drinking establishments and restaurants that serve alcoholic beverages. Mr. Andrew explained the research conducted and that the moratorium included a definition of restaurant. Mayor Seaton questioned staff s recommendation. Mr. Andrew expressed staffs concerns. Dennis Kissinger, City Manager, elaborated on staffs concerns. Mayor Seaton questioned if all existing uses would be grandfathered in. Mr. Kissinger confirmed that they would. Commissioner Divine commented that she was not sure if the original problem was not being solved. Mr. Kissinger explained the process of conditional use permits. Commissioner Mathews questioned if instead of a list of restrictions on the conditional use permit, if the permit could state that major changes in the business could result in a review of the permit. Mr. Kissinger explained the difficulties of defining a major change. Commissioner Jilka questioned if we could effectively regulate establishments that sell liquor through their license. Mr. Kissinger explained that staff has concentrated efforts to the zoning aspects and summarized licensing process. Mayor Seaton questioned if it would be more effective to deal with businesses that are causing the problem on a licensing standpoint. Mr. Kissinger explained the difficulties of dealing with businesses by revoking and suspending licensing. Commissioner Mathews questioned what is the Central Business District. Mr. Andrew reviewed the area that is considered C-4. Commissioner Mathews questioned that any location outside the Central Business District in this area could open a drinking establishment. Mr. Andrew clarified that was true. Mr. Kissinger suggested a cautious approach of handling this item to the City Commission. Aaron Householter, 1117 State Street, felt that this issue has become cumbersome and favors economic growth within the city. Jim Ravencamp, B.I.D. Chairperson, expressed concerns of having bars in the downtown area. Commissioner Jilka expressed feeling of linking restaurants with drinking establishments and explained some conversations he has had with numerous loft owners. He also expressed his preference with the matter. Commission Action # 01-303f 01-3036 01-3037 01-30381 Commissioner Mathews felt that a conditional use permit was the correction approach. Moved by Commissioner Mathews, seconded by Commissioner Divine, to support the recommendation of the Planning Commision and to direct City Staff to prepare zoning ordinance for the C-4 District for consideration. Aye: (3) Divine, Mathews, Seaton. Nay: (1) Jilka. Abstained: (1) Shadwick. Motion carried. Commissioner Jilka opposes the motion for linking drinking establishments with restaurants and believes it would be great to have some outdoor patios. Commissioner Divine commented that she would be amendable to the original motion to include outlined provisions. Commissioner Shadwick rejoined the meeting. (7.4) Application #P98 -4B, filed by Kaw Valley Engineering on behalf of Carlin Companies requesting approval of a replat of the Auburndale Addition to create seven commercial building lots on a 33 acre tract located at the southeast corner of South Ninth Street and Schilling Road. Dean Andrew, Director of Planning and Community Development, explained the application and the Planning Commission's recommendation. Robert Carlin, Carlin Companies, thanked City Staff for all of their work and informed the Commission on project status. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve application #P98 -4B requesting approval of a replat of the Auburndale Addition to create seven commercial building lots on a 33 acre tract located at the southeast corner of South Ninth Street and Schilling Road. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 01-10053 requesting a change in zoning district classification from PC -1 (Planned Restricted Business) to R-1 (Single -Family Residential) on property legally described as Lots 11 and 12 and the West 30 feet of Lots 1 and 2, Block 13 of the Mayfair Addition to the City of Salina (aka 2331 S. Ohio Street). Mayor Seaton clarified that Ordinance No. 01-10053 was passed on first reading on September 10, 2001 and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance No. 01-10053 on second reading changing the zoning district from PC -1 to R-1 on property addressed as 2331 S. Ohio Street. Aye: (5) Divine, Mathews, Shadwick, Jilka, Seaton. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 01-10054 requesting approval of an amendment to existing PC -3 (Planned Shopping Center) and PC -5 (Planned Service Commercial) Districts and an amendment of the approved site development plan for the Auburndale Shopping Center, legally described as Lots 1-7, Block 1 of the Auburndale Addition to the City of Salina, Saline County, Kansas. Mayor Seaton clarified that Ordinance No. 01-10054 was passed on first reading on September 10, 2001 and since that time no comments have been received. Moved by Commissioner Divine, seconded by Commissioner Mathews, to adopt Ordinance No. 01-10054 on second reading approving an amendment to existing PC -3 and PC -5 Districts and an amendment to the approved site development plan for the Auburndale Shopping Center. Aye: (5) Shadwick, Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried. (8.3) Approval of the Stimmel Sewer Improvements Project No. 01-1265, and establishing a special assessment improvement district for a portion of the project costs. Commission Action # wnsooeeia�saune 01-3039 01-3 01-3041 Shawn O'Leary, Director of Engineering and General Services, explained the enginerring feasibility report and the project timeline. Roberta Brown, 1608 N. Fifth Street, wanted to know if she would be able to hook up to the sanitary sewer even though she lives outside the city limits. Dennis Kissinger, City Manager, explained that she could annex into the City limits. Ms. Brown explained that she owns 13 acres and does not necessarily want to pay taxes on all land. Mr. Kissinger explained some of options to Ms. Brown after the project is completed. Ms. Brown explained that she is currently paying for fire protection. Mr. Kissinger explained that if annexed she would no longer need to pay for fire protection. Ms. Brown questioned if the City would be able to place a tap so she could get connected after the project was finished. Mr. O'Leary explained that there are not putting in any connections. He also explained different options of annexing. cost spread. Mr. Kissinger suggested meeting with Ms. Brown to go over all of her options. Commissioner Mathews questioned if property owners were added would it lower the Mr. Kissinger explained the special assessment process. Commissioner Shadwick commented that the City will be paying for one half of the cost of the project, and people paying city taxes would get a greater benefit. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the engineering feasibility report, Resolution No. 01-5755 as to the advisability and authorization establishing the special assessment improvement district, and the Stimmel Sewer Imrprovements, Project No. 01-1265 and authorize staff to establish a bid date for the project. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution No. 01-5761 authorizing Supplemental Agreement No. 1 with Wilson and Company and authorizing proceeding with the final design phase of the North Ohio Utilities Plan. Don Hoff, Director of Utilities, explained the agreement. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Resolution No. 01-5761 authorizing Supplement Agreement No. 1 in the amount not to exceed $48,500 and authoring proceeding with the final design phase of the North Ohio Utilities Plan. Aye: (5. Nay: (0). Motion carried. (8.5) Resolution No. 01-5763 authorizing an agreement with KANZA Organics to accept yard waste collected by the City of Salina (8.5a) Approve the 2001 Fall Yard Waste day plan. Dennis Kissinger, City Manager, explained the agreement and the plan. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Resolution No. 01-5763 authorizing an agreement with KANZA Organics to accept yard waste collected by the City of Salina. Aye: (5). Nay: (0). Motion carried. Commission Action # 01-3042 01-3043 01-3044 01-3045 01-3046 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve the 2001 Fall Yard Waste day plan. Aye: (5). Nay: (0). Motion carried. (8.6) Consider recommendation on the award of 2001 Solid Waste Venture Grants. Michael Fraser, Director of General Services, explained the recommendations. Commissioner Mathews questioned if OCCK accepted the counter offer. Phyllis Anderson, OCCK, stated they believed the offer to be reasonable. Moved by Commissioner Divine, seconded by Commissioner Mathews, to approve the 2001 Solid Waste Venture Grant awards. Aye: (5). Nay: (0). Motion carried. (8.7) Authorize the purchase of 500 60 -gallon yard waste poly carts from Amen' -Kart Corporation in the amount of $24,000. Michael Fraser, Director of General Services, explained the request. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to authorize the purchase of 500 60 -gallon yard waste poly carts from Ameri-Kart Corporation in the amount not to exceed $24,000. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Moved by Commissioner Divine, seconded by Commissioner Shadwick, to authorize the City Commission to send a letter to Mayor Guiliani of New York City. Aye: (5). Nay: (0). Motion carried. ADJOURNMENT Moved by Commissioner Shadwick, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:14 p.m. [SEAL] ATTEST: Lieu Arm Nicola, City Clerk stin M. Seat n, Mayor