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02-22-1999 MinutesCommission Action # 99-1914 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 22, 1999 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss Year-end Financial Reports and a 1999 Staffing Change 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 Peter F. Brungardt, Chairman presiding Commissioner Kristin M. Seaton Commissioner Monte Shadwick Commissioner Don Heath Commissioner Alan Jilka comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Barbara R. Weber, Deputy City Clerk Judy D. Long, City Clerk None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of February 28" through March 6"', 1999 as LIFE UNDERWRITER'S WEEK in the city of Salina. The proclamation was read by Linda Diehl, board member. (4.2) The week of February 21" through the 27', 1999 as NATIONAL ENGINEER'S WEEK in the city of Salina. The proclamation was read by Shawn O'Leary, President of the Smoky Valley Chapter of the Kansas Society of Professional Engineers. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4175 requesting vacation of a north -south alley in Block 10 of Oakdale Addition. Shawn O'Leary, Director of Engineering and General Services, explained the petition. He noted that telephone calls have been received from adjacent property owners opposing the vacation and though no written protests have been received staff recommends continuing the public hearing until next Monday. He then responded to commission inquiry. The public hearing opened there being no questions or further discussion, the public hearing closed. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to continue the public hearing until Monday, March 1, 1999. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of February 8, 1999. (6.2) Approval of the plans and specifications for the Replacement/Rehabilitation of Wastewater Pump Stations Nos. 32, 46 and 54, Project No. 99-1170, and direct staff to set a date Commission Action # 99-1915 99-1916 99-1917 99-1918 99-1919 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Resolution Number 99-5418 requesting Saline County approve the annexation of property occupied by Crossroads Collision, Inc. Roy Dudark, Director of Planning and Community Development, explained the request for annexation and the need for the County to approve the request. He then responded to commission inquiry. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Resolution Number 99-5418. Aye: (5). Nay: (0). Motion carried. (7.2) Application #Z98-17, filed by Stat Care, LLC, requesting a change in zoning district classification from R-3, Multiple -Family Residential District, to PC -1, Planned Residential Business District, on property behind the Stat Care Building at 1001 South Ohio Street. (7.2a) First reading Ordinance Number 99-9916. Roy Dudark, Director of Planning and Community Development, explained the request and this amendment to the Comprehensive Plan. He then responded to commission inquiry. Glen Weedel, 803 N. Third St, Minneapolis, KS, representing ComCare, spoke regarding the removal of the hedgerow and agreed with a screening replacement. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve the application with the stipulation to amend Item 3 of the conditions to read "The trees in the existing hedgerow east of the driveway serving the expanded parking areas shall not be removed as part of this parking lot project or if they are removed a comparable number of trees from the City's recommended tree list shall be planted in their place," approving Ordinance Number 99-9916 for first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Application #Z99-1, filed by Mike Frazier, requesting a change in zoning district classification from R, Single -Family Residential District, to I-2, Light Industrial District, on property at 1408 E. Prospect. (7.3a) First reading Ordinance Number 99-9917. Roy Dudark, Director of Planning and Community Development, explained the request and responded to commission concerns. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve Ordinance Number 99-9917 for first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 99-9912 vacating a part of the public right-of-way adjacent to Schilling Road and South Ninth Street and adjacent to Riffel Addition. Shawn O'Leary, Director of Engineering and General Services, explained the minor changes that had been made since the first reading. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Ordinance Number 99-9912 on second reading. A roll call vote was taken. Aye: (5), Seaton, Jilka, Heath, Shadwick, Brungardt. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 99-9913 vacating a part of the North Tenth Street right-of-way between Lincoln Avenue and North Street. Commission Action # 99-1920 99-1921 99-1922 99-1923 Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Ordinance Number 99-9913 on second reading. A roll call vote was taken. Aye: (5), Heath, Shadwick, Seaton, Jilka, Brungardt. Nay: (0). Motion carried. (8.3) Introduce Ordinance Number 99-9914 amending Section 10.12 of the existing cable television franchise ordinance regarding access equipment and facilities. Dennis Kissinger, City Manager, explained the amendment items, summarized the ordinance and explained various options to the commission. David Hawksworth, Executive Director of Community Access, gave a brief history of Community Access and spoke in support of the ordinance to amend the franchise. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve Ordinance Number 99-9914 as submitted for first reading. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution Number 99-5419, declaring the necessity for the City to appropriate a permanent easement for use by the City for the purpose of storm drainage detention or storage and authorizing a survey and description of the permanent easement to be condemned. Greg Bengtson, City Attorney, explained the earlier staff directive received from the City Commission and the results of that directive. Jim Sweet, legal counsel for the property owner, spoke regarding the issue of draining water into the sand pit. Dennis Kissinger, City Manager, noted that this is essential to the public interest. Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt Resolution Number 99-5419. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Seaton, 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 4:25 p.m. 0-11(� [SEAL] ATTEST: D. Lon , CMC, City Clerk Peter F. Brungardt, Mayor