08-23-1999 MinutesCommission
Action #
Consouaaiea Sauna
99-2182
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 23, 1999
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session to discuss the Dunbar School
Memorial Plan and the Y2K Readiness Report. 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
Judy D. Long, City Clerk
None.
None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and bond ordinance relating to the issuance of hospital revenue bonds
(Salina Regional Health Center, Inc. Project), Series 1999, to provide funds for acquiring,
constructing, installing, equipping and furnishing certain hospital facilities of Salina Regional
Health Center, Inc.
(5.1 a) Second reading Ordinance Number 99-9940.
Dennis Kissinger, City Manager, explained the bond ordinance.
Mayor Shadwick opened the public hearing. There being no comments the public
hearing closed.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt
Ordinance Number 99-9940 on second reading. A roll call vote was taken. Aye: (5), Mathews,
Seaton, Jilka, Heath, Shadwick. Nay: (0). Motion carried.
(5.2) Public hearing to consider 1999 HOME Homeowner Rehabilitation Assistance grant
application .
(5.2a) Resolution Number 99-5509 authorizing the preparation and filing of the 1999
HOME Homeowner Rehabilitation Assistance grant application.
Mayor Shadwick opened the public hearing.
Commission
Action #
99-2183
99-2184
Roy Dudark, Director of Planning and Community Development, explained the grant
program and application.
There being no further discussion Mayor Shadwick closed the public hearing.
Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt
Resolution Number 99-5509. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of August 16, 1999.
(6.2) Authorization to accept proposals for a replacement IBM AS/400 for the Host
Computer System.
(6.3) Authorization to accept proposals for an IBM AS/400 to act as our Internet/Intranet
Server.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Appeal of the Salina City Planning Commission's denial of a final site development
plan for a Goodwill Industries store on Lot 2, Block 3 of the Belmont Plaza Addition; 2640 Planet
Ave.
Roy Dudark, Director of Planning and Community Development, explained the nature
of the appeal and the options available.
Marie Mareda, President of Goodwill Industries of Kansas, spoke in favor of
approving the plan.
Sam Malinowski, KAW Valley Engineering, answered questions regarding the site
plan.
Steve Stark, attorney representing Delrose Development L.L.C., owners of the
property, explained access and the covenant.
Dan Diederich, 6 Crestview Drive, representing Belmont Hotels, spoke of reasons
why the appeal should be denied.
Greg Bengtson, City Attorney, spoke regarding his legal opinion on second hand
stores and the uses of the facility.
Dennis Kissinger, City Manager, and Mr. Bengtson both noted that it was not the
responsibility of the Commission to interpret and enforce the private covenant. Mr. Kissinger
explained that the C-3 zoning does not make a distinction between new and used items in retail
sales.
Gene Diederich, 404 Albert, Candlewood Hotel investor, explained that they are not
against Goodwill. He spoke regarding the compatibility of Goodwill in this location.
Judy Wright, 405 East Cloud, suggested an enclosed drop off area for after hour
deliveries.
Rod Sims, Office Max, noted the truck traffic is not a problem. He is concerned about
items left outside the building being seen by his customers and items being left at his business by
mistake.
William Umphrey, 2347 Edgehill, Planning Commission member, clarified that he
was representing his personal views and not those of the City Planning Commission members. He
Commission
Action #
C-010Uh
— 99-2185
99-2186
reflected that he had suggested that Goodwill relocate of eliminate the drop off at this location and
was told by Goodwill representatives that they had to have it their way or no way. He then spoke
of the duties and commitment made by the members of the City Planning Commission.
Ms. Mareda stated that they are a retail store. The reason for the drive thru drop off
was to discourage things left outside. They are going to be open seven days a week. If the drop
offs become an issue, they will hire a night watchman.
The commissioners discussed their views of the issues.
Moved by Commissioner Jilka, seconded by Commissioner Mathews, to approve as
submitted.
Moved by Commissioner Seaton, seconded by Commissioner Heath, to amend the
motion to include conditions as outlined for Alternate Number 3, Conditions of Approval. 1.
Development of the site shall substantially conform to the approved site plan, including the
proposed landscape plan and building elevations. This would include an all stucco building
exterior (no metal panels shall be used on the side walls), construction of a solid wall on the south
side of the covered drop off area and enhanced landscaping in the island between the shared east -
west access drive and the covered drop off area. 2. No donated goods shall be stored outside the
building during business hours. A gate system, signage and lighting shall be used to discourage
the after hours drop off of donated items. 3. Signage shall be limited to wall signs on the building
facade in accordance with the C-3 sign regulations and one freestanding pole sign with a
maximum height of thirty feet. 4. A building permit shall be obtained within eighteen months of
site plan approval or the approval of the applicant's plan for this site shall expire. Aye: (4). Nay:
(1), Shadwick. Motion carried.
carried.
A vote was taken on the amended motion. Aye: (4). Nay: (1), Shadwick. Motion
The Commission recessed at 6:08 p.m. and resumed the regular meeting at 6:13 p.m.
(7.2) Application #Z99-4, filed by the Salina City Planning Commission, requesting a
zoning ordinance text amendment to Article XI, Off -Street Parking and Loading, Section 42-555
Commercial Vehicles, restricting the parking of a truck, bus, trailer or other commercial vehicle in
a residential district.
(7.2a) First reading Ordinance Number 99-9948.
Roy Dudark, Director of Planning and Community Development, explained the
application and staff's recommendation for adoption of the code change.
Judy Wright, 405 E. Cloud Street, said that the Planning Commission could not tell
them how many complaints had been received. She explained that their truck is not there every
day. If it can't be kept at home they will have to pay for storage.
Luke Rodgers, 217 N. 13t'', showed pictures of his and his dad's house. He normally
parks his semi and other vehicles in the driveway. He also read letters from neighbors stating that
they did not object to the parking of the semi on the property.
Ms. Wright noted that there are signs at the truck stops do not allow trucks to be
parked unattended.
Terry Holovach, 2014 Lynwood, Guardian Towing. They take trucks home to cut
fifteen to twenty minutes or more off their response time when called. He asked for an exemption
(from this ordinance) for wreckers and tow -trucks. He stated this (ordinance) would put a
hardship on businesses and expressed the feeling of losing freedom of use of private property.
Steve Muth, 1546 Bachtold, cars going past his house make more noise than his truck
does. He spoke of the cutoff on building garages that did not leave time to build a garage and the
hardships this will place on small businesses. In closing, he stated that this ordinance will kill the
little guy (small business owners).
Commission
Action #
10
Carolyn Weinhold, 417 W. Beloit, Heartland Programs, have three small mini -busses
and two large busses that bus children daily during the school year. The bus drivers take the
busses home as the busses are safer and more secure than if left on their lot. She felt we should be
considerate of truck drivers/small business owners and asked that the commission strongly
consider and vote against this ordinance.
William Dougherty, 1012 E. Iron Street, has a gravel parking area in the back of his
house. Wants to bring truck home and know it is secure. Considers himself a small business
owner and this ordinance will put a hardship on him and his family. This ordinance will require
his wife, and mother of small children, to get out of bed in the early hours of the morning to pick
him up. He explained that his truck is his home away from home and the lifestyle which requires
him to be gone for a month or more at a time.
Richard Watson, Watson Electric, his business vehicles do not fall under this change,
but his $40,000, not unsightly, personal vehicle is too large and he would not be able to park it at
home. In closing, he felt he was being singled out and like truck drivers, he too lives in that truck
a lot.
Edith Heidrick, 1715 Rush, her house is next door to a truck. She has to clean soot off
her house and gets fumes in her house. She also asked questions regarding the parking of trucks in
the street.
Chester Taylor Jr., 628 South Fifth Street, spoke against the ordinance. He noted that
he has lived in this community a very long time and has been driving a truck for most of that time.
He shared that he felt Salina's ordinances made good sense until this one which does not make
common sense. He showed pictures to the commissioners showing how his truck is parked now
and what it would be like with this ordinance. He noted that over twenty children live on his block
and shared his concern for them with this ordinance which he feels would endanger them. He
stated that he does not live in quiet residential neighborhood with the railroad tracks and children.
He noted that Salina already has a noise ordinance and expounded on the local business and citizen
need for products supplied by these trucks. With this ordinance his truck will no longer be secure.
Now he has a light that shines on it and two four -legged guards for it. This ordinance will require
his wife to get out of bed in the early hours of the morning, losing sleep, to pick him up. He feels
his property owner rights are being taken away. He bought his home to get away from landlords
and feels the commission is trying to be his landlord with this ordinance. It will cause him and his
wife problems and make a target of his truck for thieves. The city clerk was given a petition with
500 signatures in agreement with him. He feels this issue is based on money.
Mary Schreiber, 512 Woodlawn, indicated she understands the problems but spoke in
favor or the ordinance.
James Keller, 2202 Leland Way, James Keller Trucking, asked why the commission
would pass something against the will of the people for two complaints. He feels it is taking rights
away from people to tell people what they can do with their property. His taxes have risen every
year for the past eight years so he doesn't understand how this issue is causing depreciation. He
indicated that it was pretty obvious that the commission grandfathered in motor homes and
recreational vehicles to cut down the resistance.
Bill Birdwell, 1821 Parkwood Drive, said he knows a lady who lives next to a man
that owns a diesel tractor that runs day and night. It has ruined the paint on her house as the diesel
fuel permeated the siding.
Don Bishop, 629 South Fifth Street, lives across the street from Mr. Taylor and has no
problem with the truck. He would prefer it parked in the back yard than the street for safety
reasons. He stated that the noise is not a problem and played an audio tape for the commissioners
that included a semi -truck, a vacuum cleaner, a passing train and a motorcycle. He repeated that
the noise is not a problem.
Mr. Keller, followed up his comments by suggesting putting a limit on the amount of
time a truck can run and leave the decent people who care about their neighbors alone.
Mr. Taylor asked if there was an ordinance against unattended vehicles running.
Commission
Action #
canweeaiea-gena
99-2187
99-21891
Mr. Dudark explained that the ordinance prohibits the unattended idling of a truck on
the street but that the police have no issue with a truck idling on private property.
Ms. Wright asked how often a week a truck runs night and day. She stated she
couldn't image that happening very often with the cost of fuel. She also asked how close the truck
was to the woman's house indicating it would have to be pretty close to affect her home.
Mr. Rodgers stated that the R.V. people are mostly retired folks who could be here to
object and explained that the truckers were working and couldn't always be at the meeting. In
closing, he noted that truckers' exhaust pipes are thirteen feet in the air and he didn't understand
how this (soot on the house) could happen.
Ms. Heidrick explained that the truck is in the driveway just beside her. That she
didn't say the truck next to her ran all the time, she doesn't watch it happen but her house does
have soot on it.
Mr. Birdwell spoke again stating that he didn't mean the truck ran twenty-four hours a
day but at any time during the day or night and elaborated on the damage to the house.
Mr. Muth suggested those people call the police or attorney and that it should be a
civil suit.
Ken Vogan, 815 South Ohio Street, spoke regarding the noise that didn't bother him
but the soot did.
A discussion between the commissioners and staff followed.
Moved by Commissioner Seaton, seconded by Commissioner Heath, to overturn the
recommendation, reject the amendment as presented by the Salina Planning Commission and
direct staff to do an analysis of general nuisance abatement ordinances possibilities in the
community most specifically those addressed during this ordinance. Aye: (4). Nay: (1) Jilka.
Motion carried.
(7.3) Application #Z99-12, filed by the Salina City Planning Commission, requesting
amendment of Salina City Zoning Ordinance Article VI District Regulations by amending Section
42-320(1) C-5 Bulk Regulations to increase the maximum allowable structure height in the C-5
(Service Commercial) District from 40 feet to 50 feet.
(7.3a) First reading Ordinance Number 99-9947.
Roy Dudark, Director of Planning and Community Development, explained the
amendment.
Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve
Ordinance Number 99-9947 for first reading. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Award of contract for the South Ninth Street Utility Improvements, Project No. 99-
1183.
Shawn O'Leary, Director of Engineering, explained the project and the bids received
August 17, 1999.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to award the
contract for the South Ninth Street Utility Improvements, Project No. 99-1183, to Stevens
Contractors, Inc. in the amount of $538,410.00. Aye: (5). Nay: (0). Motion carried.
(8.2) Award of contract for the Ohio Pavement Improvements, Project No. 99-1189.
Shawn O'Leary, Director of Engineering, explained the project and the bids received
August 17, 1999.
Commission
Action #
N.11410 S.111�
99-2190
99-2191
99-2192
99-2193
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to award the
contract for the Ohio Pavement Improvements, Phase I, No. 99-1189, to Shears Construction, L.P.,
in the amount of $442,995.40. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution Number 99-5511 approving an agreement for engineering services with
Bucher, Willis and Ratliff for certain sanitary sewer improvements on Front Street.
Don Hoff, Director of Utilities, explained the agreement submitted by Bucher, Willis
and Ratliff.
Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt
Resolution Number 99-5511, in an amount not to exceed $12,455.57. Aye: (5). Nay: (0). Motion
carried.
(8.4) Resolution Number 99-5510 appointing members to various citizen boards and
committees.
Judy Long, City Clerk, read the resolution of appointments.
Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt
Resolution Number 99-5510. Aye: (5). Nay: (0). Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Heath, seconded by Commissioner Seaton, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 7:59 p.m.
�4e
Monte Sha wick, Mayor
[SEA]L]
ATTEST:
Judy . Lo , CMC, City C'lk