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12-20-1999 MinutesCommission Action # 99-2309 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 20, 1999 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss the Ohio Street Corridor Improvement Project No. 99-1138. 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 Monte Shadwick, Chairman presiding Commissioner Alan E. Jilka Commissioner Don Heath Commissioner Larry L. Mathews Commissioner Kristin M. Seaton 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. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution Number 99-5549 expressing gratitude and appreciation to Fire Engineer/EMT, Michael B. Davis for his employment with the city of Salina from May 20, 1972 to December 31, 1999. Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt Resolution Number 99-5549. Aye: (5). Nay: (0). Motion carried. (4.2) The presentation of plaques of appreciation to past Employee Council members. The Mayor presented plaques to the following exiting board members: George Middleton, Bicentennial Center, Jane Eilers, Municipal Court, and Hank Corcoran, Finance Department. Plaques to Martha Basgall, Arts and Humanities, Holly Stanley, Information Services and Monty Hole, Utilities Division, who were not present, will be distributed by the City Clerk's Office. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of December 6, 1999. (6.2) Award the sale of the 1966 Ford F850 Commercial Pumper to Hays Fire Equipment for the amount of $5,990.00 and nationally re-advertize the sale of the 1973 American Custom Pumper. Commission Action # �aso��eo.�u�a 99-2311 99-2311 99-2312 99-231 (6.3) Resolution Number 99-5550, describing the Corporate Limits of the City of Salina as of December 31, 1999. Commissioner Mathews noted a correction to the minutes of December 6, 1999. Commissioner Heath had raised the question pertaining to the financing of the I-135 Water Well Road Project, item 8.5. Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the consent agenda as amended. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application P99 -5A, filed by GIGO, Inc., requesting approval of a final plat of the Hidden Meadows Addition. (7.1a) Second reading Ordinance Number 99-9939 rezoning part of Hidden Meadows Addition to R-1, Single Family Residential District. Roy Dudark, Director of Planning and Community Development, explained the tract and application for Thirty-eight (38) single family lots with one way in and out of the area. He responded to inquiry regarding the avoidance of boxing in areas in the future, noting that developers do not necessarily coordinate with other land owners. Dennis Kissinger, City Manager, noted agreement with Mr. Dudark, stating that in the past the city had not been planning for the future as is done now. Today staff works with the developers. Shawn O'Leary, Director of Engineering and General Services, agreed with the Mayor's comments that this is a good use of land. Bob Gile, applicant and developer, stated his appreciation of city staff help in this matter. Moved by Commissioner Heath, seconded by Commissioner Jilka, to authorize the Mayor to sign the plat and accept the offered easement and right-of-way dedications, including the dedication of the detention pond area to the City for public ownership. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Ordinance Number 99-9939 on second reading. A roll call vote was taken. Aye: (5), Heath, Mathews, Seaton, Jilka, Shadwick. Nay: (0). Motion carried. (7.2) Application Z99-20, filed by North McArthur, requesting a change in zoning district classification from A-1, Agricultural, to PC -5, Planned Service Commercial District for property located north of Water Well Road between 9`' Street and I-135. (7.2a) First reading Ordinance Number 99-9959. Roy Dudark, Director of Planning and Community Development, explained the area and the prior study done with the Corridor Overlay District. He noted that this is the first rezoning application in the corridor. In closing, he stated that the preliminary plat has been approved by the City Planning Commission and that this ordinance will return for second reading with the final plat. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to approve Ordinance Number 99-9959 for first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Application PDD93-6A, filed by Golden Eagle Estates, Inc., requesting approval of an amendment to their approved preliminary development plan and a change in zoning district classification from Single -Family Residential to Multi -Family Residential. (7.3a) First reading Ordinance Number 99-9960. Commission Action # �eoaaieasaime 99-231 99-2315 99-231 99-231 99-2318 Roy Dudark, Director of Planning and Community Development, explained the area, the need for the replat and the requested change to increase the number of townhomes in the southern portion of Golden Eagle Estates along Eaglecrest Avenue and Magnolia Road. Tim Howison, one of the developers, spoke in support of the changes and explained the monitoring and control being exercised in the area. Moved by Commissioner Heath, seconded by Commissioner Seaton, to approve Ordinance Number 99-9960 for first reading. Aye: (5). Nay: (0). Motion carried. (7.4) Application Z99-21, filed by the Salina City Commission, requesting the amendment of outdoor automobile sales, rental and service as a conditional use, and amending use limitations to delete automobile display and sales as an exception in the C-4, Central Business District. (7.4a) First reading Ordinance Number 99-9961, amending Salina Code Sections 42- 302, 42-303, 42-306 and repealing the prior Ordinance Number 99-9950. Roy Dudark, Director of Planning and Community Development, explained the history of this item and the recent actions of the City Planning Commission with their recommendation to grandfather -in two (2) lots already in place on Fourth Street. Jim Ravenkamp, 652 S. Santa Fe Avenue, thanked the Commission for their reconsideration. Mr. Dudark responded to inquiry regarding the grandfathering of the current car lots. He clarified that if the property changes use, it will loose the right it now has, and that if it is sold as it is, it will preserve the current use. Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve Ordinance Number 99-9961 for first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Authorizing the amendment and supplementation of certain revenue bond ordinances of the City pertaining to the Central Mall; Dillard's and Penny's. (8.1 a) First reading Ordinance Number 99-9962. (8.1b) First reading Ordinance Number 99-9963. Rodney Franz, Director of Finance and Administration, explained the industrial revenue bonds prior issue and the changes being made. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve Ordinance Number 99-9962 for first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve Ordinance Number 99-9963 for first reading. Aye: (5). Nay: (0). Motion carried. (8.2) First Reading Ordinance Number 99-9965 exempting Salina Vortex Corporation from ad valorem taxation and providing for in lieu of tax payments. Greg Bengtson, City Attorney, explained the need for this ordinance by the Board of Tax Appeals of the State of Kansas. He clarified that this ordinance grants the identical exemption as granted in Ordinance Number 99-9910, makes the requested finding regarding the exempt use of the property, and repeals the prior resolution and ordinance. Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve Ordinance Number 99-9965 for first reading. Aye: (5). Nay: (0). Motion carried. (8.3) Award of contract for the 1999 Subdivision Improvements, Phase II, Project No. 99- 1198. Commission Action # nsoaaaieasaima 99-231 99-2321 99-2323 Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received. He noted the receipt of exceptionally good prices and that all costs will be assessed for the forty (40) additional building lots. Moved by Commissioner Jilka, seconded by Commissioner Heath, to award the contract for the 1999 Subdivision Improvements, Phase II, Project No. 99-1198, to Shears Construction for paving and drainage in the amount of $276,734.40, and to Stevens Contractors for sanitary sewer and water in the amount of $276,744.50; for a total contract award of $553,478.90. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution Number 99-5551 applying the 1997 Uniform Building Code and related codes to USD #305's school construction program. Roy Dudark, Director of Planning and Community Development, explained the letter received from USD#305 and staffs' experience with the 1997 Code. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Resolution Number 99-5551. Aye: (5). Nay: (0). Motion carried. (8.5) Approval of the 2000 Vehicles and Equipment Plan and authorization to seek bids for Phase I. Jason Gage, Assistant City Manager, explained the budget inclusions for vehicles and equipment. He explained that this Phase I includes most all requests for the year and that other requests are being reviewed. He then spoke in detail regarding the Golf Course plan and lease purchase arrangements. Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve the 2000 Vehicles and Equipment Plan and authorize staff to seek bids for Phase I. Aye: (5). Nay: (0). Motion carried. (8.6) Change Order No. 1 for the 1999 Subdivision Improvements, Phase III, Project No. 99-1192. Shawn O'Leary, Director of Engineering and General Services, explained the award of contract, construction, and the change order for lowering a water main in the amount of $5,213.00, which will be assessed with the other costs of the improvements in the Frank Industrial Area. Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve Change Order No. 1 for the 1999 Subdivision Improvements, Phase III, Project No. 99-1192. Aye: (5). Nay: (0). Motion carried. (8.7) Change Order No. 1 for the 1999 Subdivision Improvements, Phase II, Project No. 99-1180. Shawn O'Leary, Director of Engineering and General Services, explained the project, the award of bid, the construction, and the change order required for stabilizing the subgrade. The additional cost of $32,966.10 will be assessed 100% to the River Trail Addition and the Golden Eagle Estates Addition improvement project. Moved by Commissioner Jilka, seconded by Commissioner Mathews, to approve Change Order No. 1 for the 1999 Subdivision Improvements, Phase II, Project No. 99-1180. Aye: (5). Nay: (0). Motion carried. (8.8) First Reading Ordinance Number 99-9964 amending Chapter 6 of the Salina Code, Amusements and Entertainment, by substituting and adding sections pertaining to the licensing and regulation of Adult -Oriented Businesses. (8.8a) Resolution Number 99-5552 imposing a temporary moratorium on the opening and operation of Adult -Oriented Businesses. Commission Action # Dennis Kissinger, City Manager, explained that Phase I of this issue was addressed two (2) years ago but that it did not get into adult entertainment, which was deferred to this Phase II of the ordinance. He said this action is preventative for the future and explained public purpose regarding adverse secondary impacts. He detailed the attempt for location guidelines, licensing and registering done by the Chief of Police, the City Attorney and the City Manager. Commissioner Seaton asked why the City is not advised to prohibit these businesses. Mr. Kissinger explained the Supreme Court ruling against such action pertaining to First Amendment rights, and that regulations were allowed. Full prohibition has been over ruled by the courts. He stated that this is a fairly strict ordinance, that it is defendable in court, and that Saline County has no regulations in this matter. Commissioner Mathews asked about a business in the recent past. Mr. Kissinger stated that business is no longer in operation and explained "separation" to the Commissioner's concerns. Mayor Shadwick asked for public comment. There being none, he returned the item to the Commission for further discussion or action. 99-2324 Moved by Commissioner Heath, seconded by Commissioner Seaton, to approve Ordinance Number 99-9964 for first reading. Aye: (5). Nay: (0). Motion carried. 99-2325 Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt Resolution Number 99-5552. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Mayor Shadwick noted there will not be a meeting next week and wished all a Merry Christmas. ADJOURNMENT 99-2326 Moved by Commissioner Heath, 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 5:04 p.m. Xt Alan Jilka, Vice Mayor [SEAL] ATT i�7 z--?. / - R. Weber, Acting City Clerk