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08-06-2001 MinutesCommission Action # co�sar�aaieasa���a 01-2986 01-2987 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 6, 2001 4:00 p.m. The City Commission convened at 3:00 p.m. in a Study Session to discuss the Cable TV Rate Issue and Building Permit Calculation Method. 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 comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dermis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk Commissioner Monte D. Shadwick None None CITIZEN FORUM AWARDS - PROCLAMATIONS 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. 01-5742 finding as to the advisability and authorizing the improvements and repealing Resolution No. 01-5730. (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 the project and method of assessment. There being no further comments, the hearing was closed. Moved by Commissioner Jilka, seconded by Commissioner Divine, to approve Resolution No. 01-5742 finding as to the advisability and authorizing the improvements and repealing Resolution No. 01-5730. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Mathews, to approve the Marymount Road Improvements, Project No. 01-1274, and authorize staff to establish a bid date for the project. Aye: (4). Nay: (0). Motion carried. Commission Action # 01 01-2989 01-2990 CONSENT AGENDA (6.1) Approve the minutes of July 23, 2001. Moved by Commissioner Divine, seconded by Commissioner Mathews, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #ZOl-10, filed by Harold Riordan of O.D.A.T. Inc., requesting a change in zoning district classification from R-3 (Multi -Family Residential) to C-4 (Central Business District) on property legally described as Lot 130 on Third Street in the Original Town of Salina. (7.1a) First reading Ordinance Number 01-10052. Dean Andrew, Director of Planning and Community Development, explained the application, the Planning Commission's recommendation, and reasons in support of their recommendation. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve Application #ZO1-10 and pass Ordinance No. 01-10052 on first reading requesting a change in zoning district classification from R-3 to C-4 on property legally described as Lot 130 on Third Street in the Original Town of Salina. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 01-10049 requesting a change in zoning district classification from R-1 (Single -Family Residential) to R-2 (Multi -Family Residential) on property legally described as the West 65 feet of the South 93 feet of the East 200 feet of Lot 25 in Surveyor's Plat "G" (aka 1025 Johnstown). Mayor Seaton clarified that Ordinance No. 01-10049 was passed on first reading on July 23, 2001 and since that time no comments have been received. Moved by Commissioner Mathews, seconded by Commissioner Divine, to adopt Ordinance No. 01-10049 on second reading. A roll call was taken. Aye: (4) Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried. (8.2) First reading Ordinance No. 01-10050 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. Dennis Kissinger, City Manager, explained the process. Commissioner Divine questioned if the City had repeat offenders. Mr. Kissinger explained that there were some repeat offenders and explained some of the methods used in dealing with the problem. Commissioner Divine questioned if the cost to the City is covered in the fees to be assessed to the property. Mr. Kissinger clarified that the cost was covered and suspected that mowing was the majority of the abatements done. 01-2991 Moved by Commissioner Jilka, seconded by Commissioner Divine, to pass Ordinance No. 01-10050 on first reading. Aye: (4). Nay: (0). Motion carried. (8.3) Request for confirmation of the intent of the governing body regarding 90 day moratorium on new clubs, drinking establishments, and cereal malt beverage retailers on the expansion of existing ones in the C-4 (Central Business) District. Commission Action # 01-299 01-29931 Greg Bengston, City Attorney, explained the nature of the request and Section 4 of Ordinance No. 01-10047. Mayor Seaton questioned on whether this would change the number of drinking establishments in the downtown area. Mr. Bengston clarified that the number of drinking establishments would not change. Moved by Commissioner Divine, seconded by Commissioner Jilka, confirming of the intent of the governing body regarding the 90 day moratorium on new clubs, drinking establishments, and cereal malt beverage retailers (on premises) of the expansion of existing ones in the C-4 District. Aye: (4). Nay: (0). Motion carried. Commissioner Mathews questioned how this would effect this corporate change. Mr. Bengston clarified this would allow the application to be process normally. (8.4) Authorizing the acceptance of the FY2001 Local Law Enforcement Block Grant Program (LLEBG) award and appoint an advisory board to make non-binding recommendations to the City Commission regarding the expenditure of grant award funds. Chief James Hill, Police Department, explained the grant program. Commissioner Divine questioned on the City's requirement to draw down award funds within 90 days. Chief Hill explained the funds must be in the City's possession within 90 days. Moved by Commissioner Jilka, seconded by Commissioner Mathews, to authorize the City Manager to accept the LLEBG grant award and appoint an advisory board to make non-binding recommendations to the City Commission regarding the expenditure of grant award funds. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS Mayor Seaton urged everyone to enjoy the Tri -Rivers Fair and Rodeo. ADJOURNMENT 01-2994II Moved by Commissioner Jilka, seconded by Commissioner Mathews, that the Regular ll Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 4:25 p.m. [SEAL) ATTEST: Lieu Arm Nicola, City Clerk J�stin M. Se on, Mayor