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07-09-2001 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 9, 2001 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss the Annual Insurance Renewal Report and the First Budget Study Session. 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 Dennis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk None CITIZEN FORUM Linda Phelps, 200 S. Third, questioned on what she needs to do to get a petition started or have the ordinance adopted similar to the City of Topeka regarding vicious animals. Mayor Seaton clarified that City Staff is currently working on a vicious animals ordinance and asked City Staff to elaborate. Dennis Kissinger, City Manager, explained there are ordinances in place pertaining to vicious animals, but Staff is currently looking at potential revisions. Mayor Seaton questioned on what options does Ms. Phelps have under the current ordinance. Mr. Kissinger explained that currently she would need to work through the Animal Shelter and the Police Department. Ms. Phelps explained that the City of Topeka requires a $50,000 insurance policy on properties owning such vicious animals. Fairy Twiggs, 216 S. Third, expressed her concerns regarding the vicious dogs in her neighborhood. AWARDS - PROCLAMATIONS (4.1) The days of July 13"' and 14t'', 2001 as "Relay for Life Days" in the City of Salina. Tammy Kimminau read the proclamation from the Relay for Life Committee. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on the Marymount Road Improvements, Project No. 01-1274. (5.1a) Resolution No. 01-5730 finding as to the advisability and authorizing the improvements. Commission Action # 01-295: 01-2953 (5.1b) Approve the Marymount Road Improvements, Project No. 01-1274, and authorize staff to establish a bid date for the project. The public hearing was opened. Shawn O'Leary, Director of Engineering and General Services, explained that the project would reconstruct a portion of Marymount Road between Crawford Street and Mariposa Drive and will include street reconstruction, storm drainage improvements and sidewalks. He also explained the engineering feasibility report. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve Resolution No. 01-5730 finding as to the advisability and authorizing the improvements and approve the Marymount Road Improvements, Project No. 01-1274, and authorize staff to establish a bid date for the project. Aye: (5). Nay: (0). Motion carried. (5.2) Public hearing and report on Petition No. 4223, requesting the vacation of a portion of the alley west of Fountain Plaza. Public hearing continued. Shawn O'Leary, Director of Engineering and General Services, explained the petition and purpose of request from James Copas, owner of Fountain Plaza. He also explained that the franchise utility companies were contacted for their input regarding the alley vacation. Mr. O'Leary explained that it is recommended that Petition No. 4223 be denied requesting the vacation on the basis that the vacation would not be in the public interest or the interest of the franchise utility companies and that Mr. Copas concurred with the recommendation. Ann Rollins, Director of Housing Authority, stated that the Housing Authority supports the request and felt it would improve the residential area by screening the noise and traffic. Commissioner Divine questioned if this would dissolve Mr. Copas from putting in fencing and screening. Mr. O'Leary explained that it did not. Mr. Copas could put a fence on the opposite property line with a mutual agreement with the Housing Authority or on his own property. Commissioner Jilka asked for clarification on Mr. Copas concurring with the recommendation. Mr. O'Leary explained that Mr. Copas understands that there is clear opposition from the franchise companies and adjacent property owners. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to deny Petition No. 4223 requesting the vacation of a portion of the alley west of Fountain Plaza on the basis that the vacation would not be in the public interest or the interest of the franchise utility companies. Aye: (5). Nay: (0). Motion carried. There being no further comments, the hearing was closed. CONSENT AGENDA (6.1) Approve the minutes of June 25, 2001. (6.2) Resolution No. 01-5731 authorizing a Special Warranty Deed conveying title to the facility to Great Plains Manufacturing, Inc. Commissioner Mathews asked that a comment concerning turning left onto Faith needs to be clarified that it would not be acceptable for southbound Ohio Street traffic to turn left onto Faith Drive. Commission Action # 01-29 01- 01-2956 01-2957 01-2958 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 00- 100 10 amending Chapter 25 by adding Section 25- 161, defining certain words and phrases and adding provisions regarding the inhalation of toxic vapors. Mayor Seaton clarified that Ordinance No. 00-10010 was passed on first reading on November 6, 2000 and due to staff oversight, it has not been presented for second reading. Since that time no comments have been received. Moved by Commissioner Divine, seconded by Commissioner Mathews, to adopt Ordinance No. 00-10010 amending Chapter 25 by adding Section 25-161, defining certain words and phrases and adding provisions regarding the inhalation of toxic vapors. A roll call was taken. Aye: (5) Shadwick, Jilka, Divine Mathews, Seaton. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 01-10045 requesting a change in zoning district classification from R-1 (Single Family Residential District) to C-2 (Neighborhood Shopping District) on property legally described as the East 73 feet of Lot 6, Block 3, Countryside Addition to the City of Salina, Saline County, Kansas and addressed as 1009 Russell. Mayor Seaton clarified that Ordinance No. 01-10045 was passed on first reading on June 25, 2001 and since that time no comments have been received. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt Ordinance No. 01-10045 requesting a change in zoning district classification from R-1 to C-2 on property legally described as the East 73 feet of Lot 6, Block 3, Countryside Addition to the City of Salina, Saline County. A roll call was taken. Aye: (5) Shadwick, Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 01-10046 requesting a change in zoning district classification from C-3 (Shopping Center District) and PC -3 (Planned Shopping Center District) to C-4 (Central Business District) on property legally described as Lots 184, 186 and 188 on Fifth Street and the south 14.4 feet of Lot 181, and all of Lots 183, 185, 187 on Santa Fe Avenue, in the Original Town of Salina, Saline County, Kansas and addressed as 333 S. Santa Fe. Mayor Seaton clarified that Ordinance No. 01-10046 was passed on first reading on June 25, 2001 and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance No. 01-10046 requesting a change in zoning district classification from C-3 and PC -3 to C-4 on property legally described as Lot 184, 186, and 188 on Fifth Street and the south 14.4 feet of Lot 181, and all of Lots 183, 185, 187 on Santa Fe Avenue, in the Original Town of Salina, Saline County Kansas. A roll call was taken. Aye: (5) Shadwick, Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried. (8.4) Second reading Ordinance No. 01-10042 authorizing this issuance and delivery of $5,350,000 principal amount of General Obligation Internal Improvement Bonds, Series 2001-A. Rodney Franz, Director of Finance and Administration, explained that the amount to be issued has been reduced from $5,470,000 on first reading due to prepayment of special assessments. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance No. 01-10042 authorizing the issuance and delivery of $5,350,000 principal amount of General Obligation Internal Improvement Bonds, Series 2001-A, of the City of Salina, Kansas for the purpose of paying the cost or a portion of the cost of certain improvements; providing for the levy and Commission Action # 01-2 01-2960 01-2961 01-2962 collection of an annual tax and special assessments for the purpose of paying the principal of and interest on the bonds as they become due; making certain convenants with respect thereto. A roll call was taken. Aye: (5) Shadwick, Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried. (8.5) General Obligation Internal Improvement Temporary Notes, Series 2001-2. (8.5a) Award bid on $935,000 in General Obligation Internal Improvement Temporary Notes, Series 2001-2 (8.5b) Resolution No. 01-5732 authorizing and directing the issuance, sale and delivery of General Obligation Temporary Notes, Series 2001-2. Rodney Franz, Director of Finance and Administration, explained that six bids were received. The lowest bid was received from UMB Bank Kansas City and recommended acceptance of the bid. Resolution No. 01-5732 authorizes and directs the issuance, sale and delivery of the General Obligation Temporary Notes. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to award the bid on Temporary Notes 2001-2 to UMB Bank Kansas City as quoted. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to pass Resolution No. 01-5732 authorizing and directing the sale of $935,000 principal amount of General Obligation Temporary Notes, Series 2001-2. Aye: (5). Nay: (0). Motion carried. (8.6) General Obligation Internal Improvement Bonds, Series 2001-A. (8.6a) Award bids on $5,350,000 in General Obligation Internal Improvement Bonds, Series 2001-A (8.6b)Resolution No. 01-5733 prescribing the form and details of and authorizing the delivery of General Obligation Internal Improvement Bonds, Series 2001-A. Rodney Franz, Director of Finance and Administration, explained that six bids were received and the lowest was from George K. Baum. Resolution No. 01-5732 prescribes the form and details of and authorizes the delivery of the bonds. He also explained that the interest rate quoted would be the rate applied to the special assessments. Representatives from George K. Baum, who serve as the City's fiscal advisor, were available for any questions. Mayor Seaton questioned that the net interest cost for the bonds were shown to be higher. Mr. Franz explained that the net interest cost does not include the time value of money and true interest cost does. Dennis Kissinger, City Manager, explained the bid summary goes through a variety of annual payments in a variable rate schedule. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to award the bid on $5,350,000 in General Obligation Internal Improvement Bonds, Series 2001-A to George K. Baum. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Divine, to pass Resolution No. 01-5733 prescribing the form and details of and authorizing the delivery of $5,350,000 principal amount of General Obligation Internal Improvement Bonds, Series 2001-A. Aye: (5). Nay: (0). Motion carried. (8.7) Ordinance No. 01-10047 amending Sections 2, 3 and 4 of Ordinance No. 01-10044 by excepting restaurants from the 90 day moratorium on new clubs, drinking establishments, and cereal malt beverage retailers (on premises) or the expansion of existing ones in the C-4 Central Business District of the City of Salina, and repealing the existing sections. Commissioner Shadwick excused himself due to conflict of interest. Commission Action # 01-2963 01-2964 01-2965 Dennis Kissinger, City Manager, explained that on June 25, 2001 an ordinance was approved establishing a 90 -day moratorium on business serving alcoholic beverages in the C-4 zoning district. The moratorium included all types of business. The Business Improvement District #1 Board had originally requested that restaurants serving alcoholic beverages not be included in the moratorium. Mr. Kissinger explained the revisions. Commissioner Mathews questioned the reasoning for the ordinance was because of the possibility of a restaurant opening in the 90 -day time period. Mr. Kissinger explained that there was a possibility and these areas were not creating the largest amount of difficulties. Commissioner Mathews questioned on new restaurants would not have anything to base the percentage of sales (not to exceed 35%). Mr. Kissinger explained that there would be an affidavit from the business and by using the information, such as items on the menus, etc., would help determine. Moved by Commissioner Mathews, seconded by Commissioner Jilka, to pass Ordinance No. 01-10047 amending Section 2, 3, and 4 of Ordinance No. 01-10044. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Mathews, seconded by Commissioner Divine, to declare an emergency exists for second reading the same day. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Jilka seconded by Commissioner Divine, to adopt Ordinance No. 01-10047 amending Section 2, 3, and 4 of Ordinance No. 01-10044. A roll call was taken. Aye: (4) Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried. Commissioner Shadwick joined the meeting. None. OTHER BUSINESS ADJOURNMENT 01-2966 Moved by Commissioner Mathews, 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 4:44 p.m. 'stin M. Seat n, Mayor [SEAL] ATTEST: Lieu Ann Nicola, City Clerk