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 #
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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.
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Alan Jilka, Vice Mayor
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R. Weber, Acting City Clerk