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09-22-1997 MinutesAction CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS SEPTEMBER 22, 1997 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss Part I of the Drainage Engineering Feasibility 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 Kristin M. Seaton, Chairman presiding Commissioner Peter F. Brungardt Commissioner Don Heath Commissioner Alan Jilka Commissioner Monte Shadwick 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. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Wally Weis, Red Baron AMBUC, presented the City with a $5,000 donation and a commitment of $1,000 per month for the next twenty-four (24) months for playground equipment. (4.2) The Week of September 17th through 23rd, 1997 as CONSTITUTION WEEK in the city of Salina. The proclamation was read by Sharon Faust, Constitution Week Chairman of the Daughters of the American Revolution Mary Wade Strother Chapter. (4.3) The Week of September 22nd through 26th, 1997 as DEAF AWARENESS WEEK in the city of Salina. The proclamation was read by Judy Brown, OCCK Interpreter and Dick Kirby, Salina Deaf Club. (4.4) The Week of September 29th through October 5th, 1997 as INCLUSIVENESS WEEK in the city of Salina. The proclamation was read by Bryan Sutton, Trinity United Methodist Church Director of Youth Ministries. (4.5) The Week of October 19th through 25th, 1997 as NATIONAL BUSINESS WOMEN'S WEEK in the city of Salina. The proclamation was read by Linda Dreier, President of the Tri -Rivers BPW. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing and report on Petition Number 4146 requesting the vacation of Orange Street from State Street to the railroad tracks and Ash Street from Grove Street to Cherry Street. (5. 1a) First Reading Ordinance Number 97-9831. Mayor Seaton called the public hearing to order. Shawn O'Leary, Director of Engineering, gave the staff report explaining the request. Lonnie Wilson was present representing his sister, Joan Wilson, the applicant. There being no other comments the Mayor declared the public hearing closed. Action 97-1215 97-1216 97-121.7 97-1218 97-1219 Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to approve Ordinance Number 97-9831 for first reading. Aye: (5) . Nay: (0) . Motion carried. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of September 8, 1997. (6.2) Resolution Number 97-5196 appointing members to various Boards and Commissions. (6.3) Resolution Number 97-5198 setting the date of October 27, 1997 for a public hearing on dangerous structures, Project No. 97-1076. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z97-14, filed by the Salina City Planing Commission, requesting amendment of the Salina City Zoning Ordinance by adding sections regarding Adult Oriented Businesses. (7.1a) First reading Ordinance Number 97-9828 amending Chapter 42 of the Salina Code pertaining to the zoning of adult oriented businesses. (7.1b) First reading Ordinance Number 97-9829 amending Chapter 6 of the Salina Code pertaining to the licensing and regulation of adult oriented businesses. Dennis Kissinger, City Manager, explained the application request and the City Planning Commission's recommendation. Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve Ordinance Number 97-9828 for first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Brungardt, seconded by Commissioner Heath, to approve Ordinance Number 97-9829 for first reading. Aye: (5) . Nay: (0) . Motion carried. (7.2) Application #Z97-8, filed by Para -D, Inc., requesting a change in zoning district classification from A-1, Agricultural District, to R, Single Family Residential District, to allow development of a 24.79 acre residential subdivision at the east end of Republic Avenue between the Eastgate Ditch and the flood control levee. (7.2a) First reading Ordinance Number 97-9830. Dean Andrew, Assistant City Planner, explained the rezoning request noting the final plat approval will be at a later date. Pete Earles, Earles and Riggs, representing the applicant, was available for questions. Moved by Commissioner Shadwick, seconded by Commissioner Brungardt, to approve Ordinance Number 97-9830 for first reading. Aye: (5) . Nay: (0) . Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 97-9827 approving a First Supplemental Bond Trust Indenture supplementing and amending a Bond Trust Indenture related to the Hospital Revenue Refunding Bonds for the Asbury -Salina Regional Medical Center Project. Greg Bengtson, City Attorney, gave a brief update. 97-1220 Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Ordinance Number 97-9827 on second reading. A roll call vote was taken. Aye: (5), Brungardt, Shadwick, Jilka, Heath, Seaton. Nay: (0). Motion carried. Action # (8.2) Resolution Number 97-5197 authorizing the filing of an application with the Kansas Department of Health and Environment for a loan under the Kansas Public Water Supply Loan Fund Act. Don Hoff, Director of Utilities, and Dennis Kissinger, City Manager, explained the project and the application. 97-1221 Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Resolution Number 97-5197. Aye: (5). Nay: (0). Motion carried. (8.3) Report on validity and submittal of engineering feasibility report for Petition Number 4149, filed by Mr. Norman Riffel, requesting certain street and drainage improvements in Riffel Addition, Project No. 97-1072. (8.3a) Resolution Number 97-5199 finding the advisability of and authorizing construction of certain street and drainage improvements. Shawn O'Leary, Director of Engineering, explained that 100% of the property owners were represented on the petition and declared the petition sufficient. He went on the explain the proposed improvements. Dennis Kissinger, City Manager, further explained the financing. 97-1222 Moved by Commissioner Brungardt, seconded by Commissioner Heath, to adopt Resolution Number 97-5199. Aye: (5) . Nay: (0) . Motion carried. (8.4) Report on validity of Petition Number 4150, filed by Mr. Stanley Lauer, for certain drainage improvements in Country Club Estates No. 3, Project No. 97-1001. (8.4a) Resolution Number 97-5200 finding the advisability of and authorizing construction of certain drainage improvements. Shawn O'Leary, Director of Engineering, explained that the petition is valid with 100% of the property owners represented on the petition and declared the petition sufficient. —97-1223 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution Number 97-5200. Aye: (5) . Nay: (0) . Motion carried. (8.5) Award of contract for the 1997 Fall Street Marking, Project No. 97-1071. Shawn O'Leary, Director of Engineering, explained the bids which were received September 16, 1997. Due to irregularities in the low bid by Osborne Sweeping of $17,012.16, it was recommended to award the contract to Twin Traffic Marking in the amount of $17,370.46. 97-1224 Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to award the contract to Twin Traffic Marking in the amount of $17,370.46. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS None. ADJOURNMENT 97-1225 Moved by Commissioner Brungardt, seconded by Commissioner Heath, that the Regular Meeting of the Board of Commissioners be adjourned. Aye:(5). Nay: (0). Motion carried. The meeting adjourned at 5:17 p.m. 4ristin M. Saton, Mayor [SEAL] ATTEST: Jud D. L g, CMC , Cit Clerk