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04-06-1998 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS APRIL 6, 1998 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for the first discussion of the Capital Improvement 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: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk Absent: None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Month of April, 1998 as FAIR HOUSING MONTH in the city of Salina. The proclamation was read by Alan Fitzgerald, Human Relations Commissioner. (4.2) The Week of April 5th through 1 lth, 1998 as STAN STANDRIDGE WEEK in the city of Salina. The proclamation was read by Joan Barhydt, President of NEA. (4.3) The Day of May 30, 1998 as MARCH FOR JESUS DAY in the city of Salina. The proclamation was read by Rita Casanova, City March for Jesus Organizer and State Representative. (4.4) The Mayor presented plaques of appreciation to past board and commission members. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on request to vacate public street right-of-way for a portion of Eastborough Road. (5.1 a) First reading Ordinance Number 98-9863. Mayor Seaton called the public hearing to order. Shawn O'Leary, Director of Engineering and General Services, presented the staff report and explained a change in the original recommendation. Rather than retain the original ten (10) foot easement the City is now recommending to vacate the original request less the south twenty (20) feet. Dennis Kissinger, City Manager, discussed the spirit of the law and stated that twenty (20) feet was a usable piece of property. Bob Haworth, 913 Twin Oaks Drive, stated that he always intended to retain the trees and spoke regarding the cul-de-sac. He also noted that the amendment to his petition request was alright with him. Ronald Williams, 149 Seitz Drive, is opposed to the vacation. He prefers the easement be retained as it was and asked that the ordinance be tabled. In closing, he noted that the Commission has his written opposition to the vacation. Dennis Kissinger spoke regarding street right-of-way and the retention of the trees. There being no other comments, the Mayor declared the public hearing closed. Commission Action # Clal dxieC.Sallre &.1 , Moved by Commissioner Brungardt, seconded by Commissioner Heath, to table to a certain, April 13th. Aye: (5). Nay: (0). Motion carried. (5.2) Appeal of Heritage Commission denial of Certificate of Appropriateness Application #CA98-1, filed by the First United Methodist Church, to demolish the former Iron Crest Apartment Building. Mayor Seaton called the public hearing to order. Dennis Kissinger, City Manager, gave the staff report. He then spoke regarding perspective, stating that staff is neutral in the matter and that this is a public policy matter to be determined by the City Commission; clarifying that "prudent" is subjective. Norman Kelly, Norton, Wasserman, Jones and Kelly, attorney for the applicant, presented the Commissioners with a notebook of exhibits, photographs showing the structure's disrepair and documents, and reviewed them with the Commissioners. He noted specific reasons why the structure cannot be modified for A.D.A. compliance, that there is no on-site parking nor any public parking within walking distance and elaborated on the expense to renovate the building. He also informed the Commissioners that the sculptures in front of the Smoky Hill Museum are the sole reason the museum is on the historical register, and that they were not an original part of the Old Post Office structure which voids the "environs" issue. He concluded that there is no feasible prudent alternative to make the necessary repairs, the church is not in a financial position to make such repairs, this building is not historically significant and the impact to the Smoky Hill Museum is minimal. Dave Sellers, Chairman of the First United Methodist Church Board of Trustees, spoke in favor of the demolition. He noted that the congregation was one hundred thirty-five (135) years old and that the church is eighty-one (8 1) years old. He reminded the Commissioners that the church is currently land -locked and that this building was purchased for future growth. He informed the Commission that there are a lot of "dreams" but no current "vision" for this location but assured the Commission that there will be. He explained that it is not cost effective to remodel this building for anything that might be useable. He assured the Commission that whatever goes in will be based on its affect on the museum clarifying that anything the church does will be positive. Judy Ewalt, 917 S. Santa Fe and Heritage Commission member, spoke regarding membership responsibilities and the impact of a series of demolitions with similar declarations that it was not feasible to make the necessary repairs. She disputed the claim that the Smoky Hill Museum not historical and was designated as such only because of the statues. She wasn't previously aware of the asbestos issue and noted asbestos would have to be dealt with in demolition, commenting that asbestos can be encapsulated. Mary Maley, 2601 E. Crawford, stated that none of the members of the Heritage Commission or Planning Department had been through the building. She said the State was told about a building a block east and elaborated on the difference between this request and the building which was denied, a block away. The other building is in an "intact" business area. This building has no other buildings surrounding it. Mr. Kissinger stated that the Planning Department did the staff report for the Heritage Commission and confirmed that the building wasn't entered or inspected until last week. Mr. Kelly added that the City Planning Commission supported the applicant's request before it went to the Heritage Commission. Mr. Kissinger reminded the Commission that the question to them was whether anything other demolition was feasible and prudent. Marshall Stanton, church member, stated that the church has been here for almost one hundred and fifty (150) years and intends to stay. Its goal is to look after its property and he is in favor of the demolition. John Hamilton, 217 W. Ash, felt every effort should be made to maintain the building. He thought the area was too small for a park or parking lot. Don Peterson, 485 Upper Mill Heights Drive, bought the property now because they may never have the chance again. They want to beautify the area now. Robert Peters, 115 W. Prescott, bought his property because of the historic area. He noted that the current building looks better than the educational wing that has been tacked onto the church. He hopes the Commissioners will support the Heritage Commission. He is not sure the church has explored all possibilities and suggested that maybe they should wait to tear it down. There being no other comments, the Mayor declared the public hearing closed. Commission Action # 98-1439 98-1441 C -1,d ieA-Safina Commissioner Shadwick explained he would like to see the building stay, but would vote in favor of the demolition as the City doesn't own the building, the building is not historical, and he sees no reason to deny the request. Commissioner Jilka noted that the State guidelines are just guidelines and that the City needs to make its own decision. He will vote for demolition. Commissioner Heath noted that he has seen the history of the site, stating that retention won't help, destruction won't hurt, and that the "environs" are best served by demolition. He doesn't think the building will have a positive or negative impact on downtown and will vote for the demolition. Commissioner Brungardt agrees with all. A distinction should be made between historic and old. Moved by Commissioner Brungardt, seconded by Commissioner Heath, to overturn the decision of the Heritage Commission and grant the demolition permit with the findings that: a) The Iron Crest Building is not architecturally or historically significant and its demolition will not have a negative impact on the Smoky Hill Museum or the downtown area. b) Renovation and continued use of the Iron Crest Building is not feasible, nor prudent. c) All possible planning has been done to mitigate harm to the museum and its environs. With the following conditions: 1) The site shall be cleared and landscaped with grass, trees and shrubs, and maintained in a park -like setting. Low concrete walls at the South property line, fencing along the East property line and landscaping will be installed per the site plan submitted by the applicant. 2) At the time a new building is constructed on the property it shall be compatible with the setback, historic materials, character -defining features, size, scale, proportion and massing of the environs of the Smoky Hill Museum. 3) The approval of this alternative shall not allow the development of a parking lot on the area vacated by removal of the structure unless specifically approved by subsequent action of the Heritage Commission, with any denial by the Heritage Commission subject to appeal to the City Commission. Aye: (5). Nay: (0). Motion carried The Mayor called a five (5) minute recess. The meeting recessed at 5:30 p.m. and reconvened at 5:35 p.m. CONSENT AGENDA (6.1) Approve the minutes of March 16, 1998. (6.2) Resolution Number 98-5264 to install additional stop and yield signs in the city. (6.3) Approval of the 1998 Spring Street Marking, Project No. 98-1135 and authorization for staff to set a bid date. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z98-4, filed by the Salina City Planning Commission, requesting an amendment to the zoning ordinance by adding Section 42-68, Outdoor Amplified Sound. (7.1 a) First reading Ordinance Number 98-9861. Roy Dudark, Director of Planning and Community Development, explained the proposed code amendment requiring a conditional use permit for use of sound amplifiers or loud speakers within Five Hundred (500) feet of a residential district. Randall Holm, Holm Town Realty, asked how this would affect traveling Disc Jockeys and Mr. Dudark explained temporary use permits. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve Ordinance Number 98-9861 for first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Application #Z98-3, filed by the City Engineer, requesting designation of an area bounded on the north by Crawford Avenue, on the east by the flood control levee, on the south by Cloud Street and on the west by Ohio Street as a critical drainage area under the provisions of Section 42-66 of the Salina City Zoning Ordinance. (7.2a) First reading Ordinance Number 98-9862. Roy Dudark, Director of Planning and Community Development, explained the proposed area, the need for the critical drainage designation and the City Planning Commission's recommendation that the City Commission designate the proposed area as Critical Drainage Area No. 2. Commission Action # CansolitlaieE.Saline 98-1442 98-1443 ... 98-1447 Moved by Commissioner Shadwick, seconded by Commissioner Brungardt, to approve Ordinance Number 98-9862 for first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Resolution Number 98-5261 expressing support for additional affordable multi -family housing to be located in Chapel Ridge Subdivision. Roy Dudark, Director of Planning and Community Development, explained the proposed additional housing and the KDOCH requirement for the resolution which does not relinquish any applicable city codes or ordinances. Moved by Commissioner Brungardt, seconded by Commissioner Heath, to adopt Resolution Number 98-5261. Randall Holm, Holm Town Realty, asked if the tax credit created any property tax credit. He feels the tax credits give an unfair advantage to a large developer and asked the Commissioners to vote against it. A vote was called to the motion on the floor. Aye: (4). Nay: (1), Shadwick. Motion carried. (7.4) Application #Z98-5, filed by Salina Regional Health Center, requesting a change in zoning from R-3, Multi -family Residential District, C-3, Shopping Center District, and PC -3, Planned Shopping Center District to PC -3, Planned Shopping Center District, on property known as 400 - 432 S. 5th and 401 - 423 S. Santa Fe. (7.4a) First reading Ordinance Number 98-9864. Roy Dudark, Director of Planning and Community Development, explained the rezoning request to PC -3 and the City Planning Commission's recommendation for approval subject to the following conditions: 1) Uses shall be limited to those listed in the C-3 regulations and shall be subject to all bulk and use limitations in the C-3 district. 2) Signage on the site shall comply with C- 3 regulations. 3) A final site development plan and landscape plan for additional parking, the surgery center and any other structures shall be approved by the City Planning Commission prior to issuance of any building permits. 4) A building permit for the surgery center shall be applied for with eighteen (18) months of the approval date or the approved development plan shall become null and void and the zoning shall revert to its former classification. 5) Development of the site, including landscaping, shall conform to the approved site development plan. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve Ordinance Number 98-9864 for first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Resolution Number 98-5262 authorizing certain water main improvements on State Street and Resolution Number 98-5263 deferring special assessments on certain property located within the benefit district. Shawn O'Leary, Director of Engineering and Genera services, explained the authorization and deferral resolutions. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to adopt Resolution Number 98-5262. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to adopt Resolution Number 98-5263. Aye: (5). Nay: (0). Motion carried. (8.2) Award of contract for the Well House Rehabilitation, Project No. 97-1083 Don Hoff, Director of Utilities, explained the project and the bids received March 31, 1998. The staff recommendation was to accept Porter bid, Base Bid Plus Alternate No. 1 and Alternate No. 2, subject to getting affirmative action plan submission. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to award the bid to Porter Construction in the amount of $95,720, subject to submission of affirmative action plan. Aye: (5). Nay: (0). Motion carried. (8.3) Consideration of bids to construct certain Water Plant Improvements, Project No. 97- 1058. Don Hoff, Director of Utilities, explained the project, the bids received March 10, 1998 and staff s recommendation to award to the low bidder, Walters -Morgan Construction of Manhattan, Kansas. Commission Action # 98-1448 Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to award the bid to Walters -Morgan Construction in the amount of $4,995,000. Aye: (5). Nay: (0). Motion carried. (8.4) Award of contract for the South Ninth Street corridor Improvements, Phase II, Project No. 97-1037. Shawn O'Leary, Director of Engineering and Genera services, explained the project, the bids received March 31, 1998 and staff's recommendation to award the contract to Smoky Hill, L.L.C., Alternate No. 2. 98-1449 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to award the contract to Smoky Hill, LLC, in the amount of $2,292,001.50. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution Number 98-5265 authorizing the sale of real estate to NationsBank. Greg Bengtson, City Attorney, explained the request from NationsBank to purchase property one of their structures currently occupies in Phillips Plaza for $2,495.00 or $5.00 per square foot. 98-1450 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Resolution Number 98-5265. Aye: (5). Nay: (0). Motion carried. (9.1) It was noted that the City Commission will meet for next Monday's Study Session at 2:30 to discuss the Capital Improvement Plan. (8.6) Request for Executive Session (real estate). 98-1451 Moved by Commissioner Brungardt, seconded by Commissioner Jilka, that the City Commission recess into executive session for the purpose of conducting preliminary discussions relating to the acquisition of real estate for the reason that public discussion could adversely impact the City's position in its effort to acquire the subject real estate, and that the City Commission reconvene in this room in forty (40) minutes or at 7:00 p.m. Aye: (5). Nay: (0). Motion carried. The Board of Commissioners recessed at 6:21 p.m. and reconvened at 7:00 p.m. No action was taken. OTHER BUSINESS None. ADJOURNMENT 98-1452 Moved by Commissioner Brungardt, seconded by Commissioner Shadwick, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:01 p.m. tristin M. Seat�Mayor, [SEAL] ATTEST: �Jd"L CMC, City Cl k