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01-27-2003 MinutesCommission Action # 03-355' CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS January 27, 2003 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss City's interest in former school sites. 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 Lieu Ann Nicola, City Clerk None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The day of January 25, 2003 as "Terence Newman Day" in the City of Salina. Gayle Martin, Executive Director of Salina Downtown, Inc., read the proclamation. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing to consider adoption of Resolution No. 03-5905, providing for the repair or removal of dangerous structures. Mayor Seaton opened the public hearing. Michael Morgan, Deputy City Manager, summarized the dangerous structures process. Mr. Morgan then explained the deficiencies of the structure located at 129 S. 12th Street. Dave Maxwell, 2033 Glen Circle, commented on behalf of the property owners, explaining the owner's dilemmas of traveling to Salina to repair the structure and asked for a continuance. A discussion followed between City Manager Dennis Kissinger, Mr. Maxwell, Mr. Morgan, Mayor Seaton regarding other contract options with the property owner and Mr. Maxwell, the current compliance agreement, and the March 12, 2003 deadline for the repairs or demolition. There being no further comments, the public hearing was closed. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Resolution No. 03-5905. Commissioner Heath commented on the importance of cooperation with the property owners, but felt the process must continue. Mayor Seaton called the question. Aye: (5). Nay: (0). Motion carried. Commission Action # (5.2) Hearing to consider whether Patio Mobile Home Park should be closed due to deficiencies within the park that has made it non-compliant with Chapter 22 of the Salina Code pertaining to Mobile Homes and Trailers. Mayor Seaton opened the public hearing. Michael Morgan, Deputy City Manager, explained that representatives from Patio Mobile Home Park asked if the hearing could be postponed until February 3, 2003. There being no further comments, the public hearing was closed. 03-3558'' Moved by Commissioner Divine, seconded by Commissioner Jilka, to table the hearing until February 3, 2003. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of January 13, 2003. (6.2) Resolution No. 03-5907 authorizing a First Amendment to the agreement for legal services between the City of Salina and Clark, Mize & Linville, Chartered. (6.3) Authorize the City Manager to acquire seating for the Municipal Court from Stouffer Furniture and Beautiful Woods of Salina in an amount not to exceed $13,000. 03-3558;i Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve the I; consent agenda as presented. Aye: (5). Nay: (0). Motion carried. 'i �i DEVELOPMENT BUSINESS i' (7.1) Application #Z02-9, filed by Calvary Apostolic Church, requesting an amendment to Chapter 42, Article X (Signs), Division 2 (District Regulations) by amending Section 42-517(7) of the Salina Code. !i i (7.1a) First reading Ordinance No. 03-10126. Dean Andrew, Director of Planning and Community Development, explained the request, the current limitations on signage for churches, schools, nursing homes, and assisted living facilities li located in residentially zoned areas, and the proposed amendment. Mr. Andrew then responded to Mayor Seaton's and Commissioner Divine's inquires regarding any complaints received and limitations on signage in residential areas. i 03-3559 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to pass Ordinance No. 03-10126 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Application #Z02-10, filed by the Salina Planning Commission, requesting a change in zoning district classification from R-1 (Single -Family Residential) to I-2 (Light Industrial) District on property legally described as Lots 1 & 2 and the South 100 feet of Lot 3, Surveyor's Plat G in the City of Salina, Saline County, Kansas and addressed as 333 N. Ohio. (7.2a) First reading Ordinance No. 03-10127. Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission's recommendation. 03-3560 Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance No. 03-10127 on first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Resolution No. 03-5904 expressing support for an affordable multi -family housing project to be located on South Ohio Street. Dean Andrew, Director of Planning and Community Development, explained that Overland Ventures, L.L.C. of Overland Park has submitted an application to the Kansas Department i : i Commission Action # ' f ff d bl h ct in Salina 03-3561 03-3562 03-5863 03-5864 03-5865 of Commerce and Housing for federal income tax credits or an a ora a ousmg prod e Mr. Andrew continued to explain that one of the requirements is to obtain a resolution from the local governing body stating its support for the proposed development. A discussion followed between Commissioner Shadwick and City Manager Dennis Kissinger regarding planned improvements to South Ohio Street. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Resolution No. 03-5904. Aye: (5). Nay: (0). Motion carried. (7.4) Consider applications for the 2003 Kansas Emergency Shelter Grant Program. Judy Brengman, Director of Neighborhood Services, explained the program and agencies' requests. Ms. Brengman then responded to Commissioner Divine's question regarding the comparison of the requests from last year's. Moved by Commissioner Divine, seconded by Commissioner Jilka, to authorizing the Mayor to sign the application and related documents. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 03-10124 granting Southwestern Bell Telephone Company a franchise to operate a telecommunications system in the City of Salina. Mayor Seaton clarified that Ordinance No. 03-10124 was passed on first reading January 13,2003 and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Ordinance No. 03-10124 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick, Seaton. Nay: (0). Motion carried. (8.2) Resolution No. 03-5906 authorizing the City Manager to execute purchase agreements and to allocate $5,230 for additional land acquisition costs for the Water Well Road and I-135 Interchange project. Shawn O'Leary, Director of Engineering and General Services, explained the project, the purchase agreements with McArthur Enterpises Ltd., Russell and Russell, Mark L. Miller and Advantage Trust, Uni-Properties, and North American Philips. Mr. O'Leary also summarized the project financing. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution No. 03-5906. Aye: (5). Nay: (0). Motion carried. (8.3) Certification of final costs for the 2002 Subdivision Improvements, Woodland Hills Estates Addition, Phase IV, Project No. 02-1371 and set Monday, February 10, 2003 as the date of public hearing on the proposed assessments. Shawn O'Leary, Director of Engineering and General Services, summarized the project, project costs, and future key dates. Moved by Commissioner Divine, seconded by Commissioner Jilka, to set February 10, 2003 as the date of the public hearing on the proposed assessments and instruct the City Clerk to publish a notice of public hearing and to mail a notice of the public hearing to each property owner in the improvement district. (8.4) Approval of Change Order No. 2 for the Water Treatment Plant Improvements, Phase II, Project No. 00-1244 in the amount of $503,097. Don Hoff, Director of Utilities, explained the project and change order. Mr. Hoff then responded to Commissioner Divine's questions regarding the project completion. Commission Action # 03-5866 03-5867 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approval Changer Order No. 2 for the Water Treatment Plant Improvements, Phase II, Project No. 00-1244 in the amount of $503,097. (8.5) Report on bids received for Phase 1 Vehicles and Equipment purchases for 2003. Jason Gage, Assistant City Manager, explained the purchases. Don Hoff, Director of Utilities, responded by Commissioner Jilka's question regarding the landfill compactor. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the requested 2003 Vehicle and Equipment Plan, Phase 1 purchases as recommended and re -bid the chipper truck for the Parks Division. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT 03-586811 Moved by Commissioner Heath, seconded by Commissioner Jilka, that the Regular !i Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:02 p.m. [SEAL] ATTEST: 4eucola, City Clerk J�stin M. eaton, Mayor