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03-26-2001 MinutesCommission Action # 01-2834 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 26, 2001 4:00 p.m. The City Commission convened at 3:30 p.m. in a Study Session for an Open Citizens' Forum. 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 Alan E. Jilka, Chairman presiding Commissioner Kristin M. Seaton Commissioner Don Heath Commissioner Larry L. Mathews Commissioner Monte Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Barbara R. Weber, Acting City Clerk None None. None. CITIZEN FORUM AWARDS — PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of March 19, 2001. Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #ZO1-3, filed by the Salina City Planning Commission, requesting a change in zoning district classification from C-5 (Service Commercial) to R-2 (Multi -Family Residential) District on property legally described as Lots 4 and 6, Block 1 of the Episcopal Military Institute Addition (aka 905 N. 7"' Street). (7.1a) First reading Ordinance Number 01-10028. Dean Andrew, Director of Planning and Community Development, explained the reason for the application, the use of the area, and the City Planning Commission hearing, discussion and recommendation. He then responded to Commission inquiries confirming that the City Planning Commission and not the property owner have requested this change. Clint Ziegelmeier, owner of the subject property at 905 North Seventh Street, spoke against the rezoning and of potential future uses of the property. Commission Action # 01-2835 01-2836 01-283 01-2838 01-2839 01-2840 Commissioner Mathews spoke against the rezoning and discussed the issue of zoning conformity. A discussion followed regarding uses in the R-2 (Multi -Family Residential) District with Commissioner Shadwick, Commissioner Heath and Mayor Jilka speaking against the rezoning. Moved by Commissioner Mathews, seconded by Commissioner Shadwick, to reject the application and recommendation of the City Planning Commission. Aye: (5). Nay: (0). Motion carried. (7.2) Application #ZO1-2, filed by Ralph Bennett, requesting a change in zoning district classification from C-1 (Restricted Business) to C-5 (Service Commercial) District on property legally described as all of that Lot 1, Block 2 lying north of a line 206 ft. north of the north line of Prescott Avenue in the Wilbre Addition (aka 643 & 645 S. Ohio Street). (7.2a) First reading Ordinance Number 01-10029. Dean Andrew, Director of Planning and Community Development, explained the location, intent of the application requested by the property owner, and the City Planning Commission's recommendation for approval as requested. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to approve Ordinance Number 01-10029 for first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Application #P00 -6/6A, filed by Kaw Valley Engineering on behalf of CTM, Inc. and C. L. Clark, requesting a replat of Interstate District North of I-70 No. 2 to eliminate Telluride Drive and provide the right-of-way for an extension of Monarch Road. Dean Andrew, Director of Planning and Community Development, explained the application noting that the streets have not been built. He stated that as part of the conditions for approval an area indicated as a utility easement is actually a drainage and utility easement. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to concur with the City Planning Commission and authorize the Mayor to sign the Replat of Interstate District North of I-70 No. 2 vacating Telluride Drive and accepting the new right-of-way and easement dedications. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 01-10023 providing for the vacation of a drainage easement located at the First Southern Baptist Church property at South Ohio Street and Magnolia Road. Moved by Commissioner Seaton, seconded by Commissioner Mathews, to adopt Ordinance Number 01-10023 on second reading. A roll call vote was taken. Aye: (5), Heath, Shadwick, Seaton, Mathews, Jilka. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 01-10026 providing for the vacation of a part of the drainage easement located in the Replat of Salina Presbyterian Manor Inc. Subdivision. Moved by Commissioner Mathews, seconded by Commissioner Shadwick, to adopt Ordinance Number 01-10026 on second reading. A roll call vote was taken. Aye: (5), Heath, Seaton, Mathews, Shadwick, Jilka. Nay: (0). Motion carried. (8.3) Second reading Ordinance Number 01-10027 authorizing the City Manager to execute a contract for fire protection with Exide Technologies. Moved by Commissioner Seaton, seconded by Commissioner Mathews, to adopt Ordinance Number 01-10027 on second reading. A roll call vote was taken. Aye: (5), Shadwick, Heath, Seaton, Mathews, Jilka. Nay: (0). Motion carried. Commission Action # 01-2841 01-2842 01-2843 01-2844 01-2845 01-2846 (8.4) Resolution Number 01-5695 amending the Comprehensive Fee Schedule for the Department of Building Services. Michael Morgan, Deputy City Manager, explained the restructuring and simplification of the fee schedule. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Resolution Number 01-5695. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution Number 01-5696 authorizing an agreement with Wilson & Company to conduct a water & wastewater rate study. Don Hoff, Director of Utilities, explained prior studies, earlier rate reviews, and described what this study will encompass. Dennis Kissinger, City Manager, clarified that the rate recommendations made by the consultant pertain to the annual schedule for the next five years. He spoke further regarding equity between customers, which vary by class of user, and the need for this consultant study as a research tool. He stated that annually the City Commission approves the rate schedule based on the need and then current circumstances. Moved by Commissioner Seaton, seconded by Commissioner Mathews,. to adopt Resolution Number 01-5696 authorizing the agreement with Wilson & Company to conduct a water & wastewater rate study in an amount not to exceed $19,700.00. Aye: (5). Nay: (0). Motion carried. (8.6) Resolution Number 01-5697 adopting the 2001-2005 Capital Improvement Program. (8.6a) Approving the revised 2001 Sub -Capital Improvement Program plans. Jason Gage, Assistant City Manager, explained the packet attachments and the benefit of future need forecasting. Moved by Commissioner Seaton, seconded by Commissioner Mathews, to adopt Resolution Number 01-5697. Aye: (5). Nay: (0). Motion carried. A discussion followed regarding the repair of potholes caused by severe weather. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to approve the updated 2001 Sub-C.I.P.s as presented by Mr. Gage. Aye: (5). Nay: (0). Motion carried. (8.7) Award of contract for the Well House Rehabilitation, Project No. 00-1258. Don Hoff, Director of Utilities, explained this project for the renovation of the remaining five well houses as recommended by Applebee and Marsh. Moved by Commissioner Seaton, seconded by Commissioner Shadwick, to award the contract for the Well House Rehabilitation, Project No. 00-1258, to Porter Construction, Inc., Salina, in the amount of $141,700.00 for the base bid, plus Alternates 1 and 2. Aye: (5). Nay: (0). Motion carried. (8.8) Discussion of a request from A -Plus Galvanizing, Inc. for a seven and one-half month time extension to complete their project. Dean Andrew, Director of Planning and Community Development, explained the request and the funds. Ken Wasserman, attorney for the applicant, asked for the Commission's approval. Moved by Commissioner Mathews, seconded by Commissioner Shadwick, to approve the request for the time extension to close out the project. Aye: (5). Nay: (0). Motion carried. (8.9) Receive the 2000 Accomplishments Staff Report. Commission Action # 01-2847 01-2848 Dennis Kissinger, City Manager, explained that this Executive Summary contains a number of examples of accomplishments of the City in 2000, and that it is far from all-inclusive. OTHER BUSINESS (9.1) Change Order No. 2 for the'2000 Subdivision Improvements, Project No. 00-1256. Shawn O'Leary, Director. of Engineering and General Services, explained that this change order is for the relocation of a sanitary sewer in Riffel Addition. He detailed the history of the sewer line location noting that the new sewer line is in the 2001 Budget and that the previous sewer line will be abandoned as it is. Moved by Commissioner Seaton, seconded by Commissioner Shadwick, to approve Change Order No. 2 for the 2000 Subdivision Improvements, Project No. 00-1256, in the amount of $26,083.80. Aye: (5). Nay: (0). Motion carried. (9.2) Mayor Jilka acknowledged a group of Fourth Grade students he had met with. (8.10) Executive Session — Legal. Moved by Commissioner Seaton, seconded by Commissioner Shadwick, that the City Commission recess into executive session for ten (10) minutes to discuss with the City Attorney two (2) matters, both of which are subject to the attorney-client privilege for the reason that public discussion of both matters would waive that privilege and adversely affect the City's interests in the matter; and reconvene in this room at 5:22 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:12 p.m. and reconvened at 5:26 p.m. No action was taken. ADJOURNMENT 01-2849 Moved by Commissioner Mathews, seconded by Commissioner Heath, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:26 p.m. .411 lka, or [SEAL] ATTEST: I _X� 6 C &_ L) Lieu Ann Nicola, City Clerk