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12-01-1997 MinutesAction # 97-12981 97-1299 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS DECEMBER 1, 1997 4:00 p.m. The City Commission convened at 2;30 p.m. in a Study Session to discuss the Health Insurance Report, the Section 125 Report, and the Schilling Drainage Fee Plan. 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: I Ab sent: 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 report on Petition Number 4154 requesting the vacation of 10 feet of a 20 foot public utility easement in Highland Meadows Hamlet Addition. (5.1a) First reading Ordinance Number 97-9842. Mayor Seaton called the public hearing to order. Shawn O'Leary, Director of Engineering, explained the vacation request to gain use of this property with 10 feet to be added back into the easement with future development. There being no other comments, the Mayor declared the public hearing closed . Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve Ordinance Number 97-9842 for first reading. Aye: (5). Nay: (0) . Motion carried. CONSENT AGENDA (6.1) Approve the minutes of November 24, 1997. (6.2) Approve a repeat public hearing date for special assessments on Projects No. 95-924, 95-928, and 96-971. Moved by Commissioner Heath, seconded by Commissioner Brungardt, to approve the consent agenda as presented. Aye: (5) . Nay: (0) . Motion carried. DEVELOPMENT BUSINESS (7.1) Consideration of Ordinance Number 97-9843 establishing a capital cost recovery charge for the reconstruction of Schilling Road between the Union Pacific Railroad and Ohio Street, Project No. 95-928. Action 97-1300 97-1301 97-1302 97-1303 97-1304 97-1305 Roy Dudark, Planning and Community Development Director, explained the proposed assessment and the lump sum payment to be made when lots are developed and sold. He clarified that this ordinance is based on Home Rule authority and that lots won't be double assessed if they also front on Ohio Street. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to approve Ordinance Number 97-9843 for first reading. Aye: (5) . Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 97-9839 authorizing the execution of a loan agreement with the State of Kansas for the purpose of financing a public water supply project, Project No. 97-1058. Dennis Kissinger, City Manager, noted that this agreement could impact the proposed rate increase. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to adopt Ordinance Number 97-9839 on second reading. A roll call vote was taken. Aye: (5), Heath, Shadwick, Brungardt, Jilka, Seaton. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 97-9841 vacating a portion of a public utility easement in the Shoney's Addition. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Ordinance Number 97-9841 on second reading. A roll call vote was taken. Aye: (5), Jilka, Brungardt, Shadwick, Heath, Seaton. Nay: (0). Motion carried. (8.3) Resolution Number 97-5221 authorizing the Mayor to execute Supplemental Agreement No. 2 with DMA Architects for additional services required for Museum Improvements, Project No. 96-975. Don Hoff, Director of Utilities, explained the previous agreements and noted that this supplement includes Alternate No. 4, abatement of asbestos, and reimbursable architect expenses. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution Number 97-5221, in an amount not to exceed $16,975.35. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution Number 97-5222 authorizing the Mayor to execute Supplemental Agreement No. 1 with DMA Architects for additional services required for Museum Roof Improvements, Project No. 97-1025. Don Hoff, Director of Utilities, explained this agreement includes only reimbursable architect expenses. He clarified that standard architectural documents do not include costs for items like reproduction of contract documents and mailing costs, and that future bids will include these costs. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to adopt Resolution Number 97-5222, in an amount not to exceed $497.48. Aye: (5) . Nay: (0) . Motion carried. (8.5) Resolution Number 97-5223 appointing a member to the Board of Zoning Appeals. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to adopt Resolution Number 97-5223. Aye: (5). Nay: (0). Motion carried. (8.6) Request from Salina BID to change public parking lot in downtown area. Shawn O'Leary, Director of Engineering, explained the requested change. He noted that all costs will be borne by the applicant and explained the impact of approval as setting a precedent for all of downtown. Dennis Kissinger, City Manager, suggested that the loading zone was not private for this business but a public zone, and the time restriction should be retained. Action 97-1306 97-1307 Norm Yenkey, 2233 Markley Road, explained the need for the request. He stated that a 30 minute restriction would usually be enough but at times it won't be. A discussion followed regarding the replanting of the tree, the departure from the normal B.I.D.#1 Advisory Board procedures, and future requests for downtown loading zones. It was noted that: 1) the benefits outweighed the loss of a mature tree, 2) there is a change in the perception of loading zones, that it will be self-limiting by making this a public loading zone, that applicants will bare all costs, and 3) that the City Commission will consider future requests on their individual merits. Mr. Yenkey responded to Commission inquiry that the request was needed for full revitalization of the building for its tenants and that there is no conflict sharing the zone with other businesses. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the request and establish a 30 minute time zone. No provisions for replacement or compensation of the tree were included in the motion. Aye: (5) . Nay: (0) . Motion carried. OTHER BUSINESS None. ADJOURNMENT Moved by Commissioner Brungardt, 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 4:42 p.m. [ SEAL] ATTEST: a)- D . L g , CMC , Ci Clerk I istin M. aton, Mayor