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04-24-2000 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 24, 2000 4:00 p.m. 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 Larry L. Mathews comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Barbara R. Weber, Acting City Clerk Commissioner Don Heath Commissioner Monte Shadwick None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The day of April 28th, 2000 as "ARBOR DAY" in the city of Salina. The proclamation was read by John Wachholz, member of the Salina Tree Advisory Board. (4.2) The day of May 4th, 2000 as "A DAY OF PRAYER" in the city of Salina. The proclamation was read by Roberta Huseman, Chairman of the Salina National Day of Prayer organization. (4.3) The week of April 30th through May 6th, 2000 as "MUNICIPAL CLERKS WEEK" in the city of Salina. The proclamation was read by Mayor Jilka. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Continuation of public hearing regarding an amended Declaration of Covenants for the maintenance of the detention pond serving the Golden Eagle Estates Addition. Mayor Jilka opened the public hearing. Roy Dudark, Director of Planning and Community Development, explained the prior continuation of this item and the current status and Commission options. There being no further comments, the Mayor closed the public hearing. 00-2459 Moved by Commissioner Seaton, seconded by Commissioner Mathews, to continue the public hearing in two weeks. Aye: (3). Nay: (0). Motion carried. (5.2) Public hearing and consideration of Resolution Number 00-5596 amending the June 21, 1999 Advisability and Authorization Resolution related to the special assessed public improvements in the Golden Eagle Estates Addition. Commission Action ## 00-2461 (5.2a) Public hearing and consideration of Resolution Number 00-5597 amending the June 21, 1999 Advisability and Authorization Resolution related to the special assessed public improvements in the River Trail Addition. Mayor Jilka opened the public hearing. Dennis Kissinger, City Manager, explained the amendments. John Heline, 2464 Leland Way, representing the River Trail Addition, spoke in support of the action. There being no further comments, the Mayor closed the public hearing. Moved by Commissioner Mathews, seconded by Commissioner Seaton, to adopt Resolution Number 00-5596. Aye: (3). Nay: (0). Motion carried. Moved by Commissioner Seaton, seconded by Commissioner Mathews, to adopt Resolution Number 00-5597. Aye: (3). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of April 17, 2000. Moved by Commissioner Seaton, seconded by Commissioner Mathews, to approve the consent agenda as presented. Aye: (3). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application PDD88-4F, filed by Country Oak Development Corp., requesting amended preliminary development plan approval and a change in underlying zoning district classification from C-2, Neighborhood Commercial District, to C-5, Service Commercial District, to allow construction of a motel on Lots 17 and 18, Block 5 in Country Oak Estates Subdivision. (7.1 a) First reading Ordinance Number 00-9975 amending the zoning to PDD/C3, Planned Development District/Shopping Center District, with conditions. Roy Dudark, Director of Planning and Community Development, explained the application, the third plan received from the developer, and the Commission's options. Dilip Patel, 89 Lincoln Street, Concordia, motel developer, discussed his plans and flexibility regarding the sign. He also asked that both readings of the ordinance be done today. A discussion followed regarding which of the submitted plans had been reviewed by the Planning Commission and the contents of each. Moved by Commissioner Mathews to approve Ordinance Number 00-9975 for first reading with the original plan and sign. Died for lack of a second. Moved by Commissioner Seaton to approve Ordinance Number 00-9975 for first reading with the plan approved by the Planning Commission. Died for lack of a second. Moved by Commissioner Mathews to approve Ordinance Number 00-9975 for first reading, approving the plan as amended by the city planners using the "refined" version stipulating that the applicant can return to the City Planning Commission regarding a bigger sign later. Died for lack of a second. 00-2463 Moved by Commissioner Seaton, seconded by Commissioner Mathews, to rearrange the agenda and return to Development Business after the Administration portion. Aye: (3). Nay: (0). Motion carried. Commission Action # Co�wi�aa�eosauna 00-2465 ADMINISTRATION (8.1) Resolution Number 00-5593 determining the advisability and authorizing certain street and utility improvements in Woodland Hills Subdivision, Georgetown Addition and Replat of Blocks 4, 10, 11 and 12, Georgetown Addition; Project No. 00-1223. Shawn O'Leary, Director of Engineering and General Services, explained the project and declared the petition valid and sufficient. Frances Paxton, 2441 Edgehill Road, read a letter from Mr. Ward, President of Presbyterian Manor, against the inclusion of Presbyterian Manor in the benefit district. Mr. O'Leary noted that this was the first he had heard of the opposition and explained the benefits of the project to Presbyterian Manor. Dennis Kissinger, City Manager, spoke regarding state law and court cases requiring inclusion in a benefit district. Gordon, did not identify himself, distributed documents to the Commissioners and referred to a petition from residents on Seitz Drive. He spoke against inclusion in the benefit district, and asked the Commission to table or reject this item. A discussion followed regarding side street assessments and citizen confusion. Mr. Kissinger spoke regarding improving communications and the city's method of assessment. Chris Davis, 551 Seitz Drive, asked if there will be a sidewalk on the north side of Brookwood Lane and asked that two trees be moved rather than removed. Mr. O'Leary responded to his concerns noting that the trees can be moved in advance of the construction. C. W. Woodman, 515 Seitz Drive, spoke regarding a twenty -foot utility easement in his backyard. Floyd Holscher, 605 Seitz, spoke regarding traffic increase and asked how that is an improvement. He noted that traffic needs to slow down and stated that the improvements are a bad situation for those on fixed incomes. Darvin Dent, rural Brookville, developer, didn't think the improvements were out of the ordinary, spoke regarding the traffic on Seitz Drive and asked for approval today. Moved by Commissioner Seaton, seconded by Commissioner Mathews, to adopt Resolution Number 00-5593. Aye: (3). Nay: (0). Motion carried. (8.2) Resolution Number 00-5594 determining the advisability and authorizing certain street and utility improvements in Twin Oaks III Subdivision; Project No. 00-1223. Shawn O'Leary, Director of Engineering and General Services, explained the project and declared the petition valid and sufficient. He also noted that Mr. Arnold has been removed from the petition. Moved by Commissioner Mathews, seconded by Commissioner Seaton, to adopt Resolution Number 00-5594. Aye: (3). Nay: (0). Motion carried. (8.3) Resolution Number 00-5595 approving an agreement with the Coca-Cola Bottling Company to provide scoreboards for Bill Burke Park. Steve Snyder, Director of Parks and Recreation, explained the agreement. Commission Action # Ulns Mk W. 00-2466 Moved by Commissioner Seaton, seconded by Commissioner Mathews, to adopt Resolution Number 00-5595 approving the agreement. Aye: (3). Nay: (0). Motion carried. (8.4) Authorizing St. John's Missionary Baptist Church use of the Salina Community Theater and waiving the daily use fee in exchange for custodial duties. Steve Snyder, Director of Parks and Recreation, explained the requested use and waiver of the $50.00 per day fee in exchange for janitorial services for one year. 00-2467 Moved by Commissioner Mathews, seconded by Commissioner Seaton, to approve the use of the Community Theater and to waive the daily rental fee. Aye: (3). Nay: (0). Motion carried. (8.5) Approve final costs and set assessment hearing date of May 15, 2000 for the 2000 special assessments. Shawn O'Leary, Director of Engineering and General Services, explained the costs and asked that the Acting City Clerk be instructed to publish a notice of the public hearing set for Monday, May 15, 2000, and to mail a notice of the public hearing to each property owner in the improvement district. 00-2468 Moved by Commissioner Seaton, seconded by Commissioner Mathews, to approve the final costs and set the date for the public hearing to May 15, 2000. Aye: (3). Nay: (0). Motion carried. (8.6) Award of bids for the 2000 Building and Facilities Phase I purchases. Jason Gage, Assistant City Manger, explained the purchases. 00-2469 Moved by Commissioner Mathews, seconded by Commissioner Seaton, to approve the requested 2000 Buildings and Facilities Plan — Phase I purchases. Aye: (3). Nay: (0). Motion carried. (8.7) Mayor Jilka appointed the Commissioners to various boards. OTHER BUSINESS (9.1) Return to item 7.1. Greg Bengtson, City Attorney, stated that it takes three votes for the Commission to act. The discussion resumed with Roy Dudark, Director of Planning and Community Development, responding to the Commission request for clarification. He clarified that the plan received today was the basic plan approved by the City Planning Commission with certain refinements and a larger sign. 00-2470 Moved by Commissioner Mathews, seconded by Commissioner Seaton, to approve the revised plan (received today) with a nine by twelve sign and allow the applicant to return to the planners for a larger sign. Aye: (3). Nay: (0). Motion carried. (9.2) The City Manager noted that today's Study Session will be rescheduled due to the late hour. ADJOURNMENT 00-2471 Moved by Commissioner Seaton, seconded by Commissioner Mathews, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried. The meeting adjourned at 6:04 p.m. [SEA]L] Alan E. lka, Ma or a R. Weber, Acting City Clerk