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08-10-1998 MinutesCommission Action # 98-1612 98-1613 98-1614 98-1615 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 10 , 1998 4:00 p.m. The City Commission convened at 3:30 p.m. in a Study Session for an Open Citizens' Forum. 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 Monte Shadwick Commissioner Kristin M. Seaton 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 Commissioner Don Heath Judy D. Long, City Clerk None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on the proposed budget for 1999. (5.1a) Resolution Number 98-5313 adopting the 1999 Budget. (5.1b) Resolution Number 98-5314 providing for the appropriation, by fund, of the budget of the City of Salina for the year beginning January 1, 1999. (5.1c) Resolution Number 98-5315 authorizing an increase of 3%, effective January 1, 1999, in each grade and step of the City's Position Classification and Salary Schedule. (5.1d) Resolution Number 98-5316 establishing various fees for services in the City of Salina. Mayor Brungardt called the public hearing to order. Rodney Franz, Director of Finance and Administration, gave the staff report. Evelyn Maxwell, 414 East Wayne, spoke regarding item 5.1c pointing out that the 3% increase across the board, means a larger pay increase to those in higher salaries than lower salaries. There being no other comments, the Mayor declared the public hearing closed. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Resolution Number 98-5313. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Resolution Number 98-5314. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Resolution Number 98-5315. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Seaton, seconded by Commissioner Shadwick, to adopt Resolution Number 98-5316. Aye: (4). Nay: (0). Motion carried. Commission Action # 98-1616 98-1617 98-1619 (5.2) Resolution Number 98-5317 consenting to the levy of 2.95 mills on each dollar of assessed tangible valuation of the property within the City of Salina for the year 1998 for use by the Salina Airport Authority in 1999 for the purpose of making capital improvements and G.O. Bond debt service at the Salina Municipal Airport and Salina Airport Industrial Center. Mayor Brungardt called the public hearing to order. Dennis Kissinger, City Manager, gave the staff report. There being no other comments, the Mayor declared the public hearing closed. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Resolution umber 98-5317. Aye: (4). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of August 3, 1998. (6.2) Resolution Number 98-5318 authorizing the Mayor to execute a license agreement with Earl Foster for maintenance of an existing porch constructed over a utility easement. Moved by Commissioner Shadwick, seconded by Commissioner seaton, to approve the consent agenda as presented. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z98-11, filed by Green Lantern, Inc., requesting a change in zoning from Multi -Family Residential to Planned Service Commercial on property known as 1122, 1124 and 1126 E. Iron, 104 and 110 S. Connecticut. (7.1 a) First reading Ordinance Number 98-9883. Roy Dudark, Director of Planning and Community Development, gave the staff report. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to approve Ordinance Number 98-9883 for first reading. Aye: (4). Nay: (0). Motion carried. (7.2) Application #Z98 -6B, filed by First Bank Kansas and Wal-Mart Stores, Inc., requesting rezoning from Agricultural District to Planned Shopping Center District and an amendment of an existing PC -3 District and approval of a site plan for property located at 2900 and 2860 S. 9"' St. (7.2a) First reading Ordinance Number 98-9884. Roy Dudark, Director of Planning and Community Development, gave the staff report. Mark Westberg, CEI Engineering Associates, Inc. representing the applicant, spoke in favor of the request. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve Application #Z98 -6B, filed by First Bank Kansas and Wal-Mart Stores, Inc., requesting rezoning from Agricultural District to Planned Shopping Center District and an amendment of an existing PC - 3 District and approval of a site plan for property located at 2900 and 2860 S. 9``' St. and Ordinance Number 98-9884 for first reading. Aye: (4). Nay: (0). Motion carried. (7.3) Application #Z98-9, filed by the Salina City Planning Commission, requesting amendment of the zoning regulations by adding Section 42-69 regarding communication tower regulations. (7.3a) First reading Ordinance Number 98-9885. Roy Dudark, Director of Planning and Community Development, gave the staff report. He explained that towers from 35 to 65 feet will require conditional use permits and the options for going over heights of 65 feet. He clarified the different standards for residential and commercial use. Kevin Reich, 720 Highland, spoke regarding amateur radio operators and the volunteer service they provide. He stated that they work on the line -of -sight principle, explained what that was, and the need for height on the towers. Matt Cairns, 325 Pine Ridge, estimated that there are 25 to 30 towers in place, and in use, by amateur radio operators in Salina with an average height of 65 to 70 feet. He explained the need for height to prevent interference with other signals and informed the Commission that 70 foot tower increments are recommended by antenna manufacturers. He further clarified the need to Commission Action # propagate a good signal and the desire for clean operations without interference. He asked that 65 feet be the stepping stone. Mr. Dudark noted that current towers over 35 feet are grandfathered in and that the rdinance will apply to new or replacement towers. James Vano, attorney for the Central Kansas Amateur Radio Club, spoke regarding hanging propagation situations. He stated that picking 35 feet because that is the height of structures is arbitrary and is not accommodating. He told the Commissioners that average radio Owers are 60 to 65 feet high and suggested taking the exception level up to 65 feet. He also uggested exempting amateur radio operators from the ordinance. The Commissioners spoke in favor of raising the allowable height while protecting esthetics, and allowing neighbors to have some input. 98-1620 Moved by Commissioner Seaton, seconded by Commissioner Jilka, to amend Ordinance Number 98-9885 requiring conditional use permit on those towers in residential areas between 35 and 70 feet. Aye: (4). Nay: (0). Motion carried. 98-1621 Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve Ordinance Number 98-9885, as amended, for first reading. Aye: (4). Nay: (0). Motion carried. 98-1622 Moved by Commissioner Seaton, seconded by Commissioner Jilka, to waive the application fee for amateur radio towers. Aye: (4). Nay: (0). Motion carried. 7.4) Discussion of possible application for 1998 HOME Homeowner Rehabilitation grant Roy Dudark, Director of Planning and Community Development, gave the staff report. 98-1623 Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to direct staff to prepare an application and set a public hearing date for August 24, 1998. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION 1) Second reading Ordinance Number 98-9874 providing for the annexation of Schilling ad and the Schilling Drainage Structure from the west side of the Union Pacific Railroad tracks to east side of Ohio Street. 98-1624 Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Ordinance Number 98-9874 on second reading. A roll call vote was taken. Aye: (4), Shadwick, Seaton, Jilka, Brungardt. Nay: (0). Motion carried. (8.2) First reading Ordinance Number 98-9886 adopting the 1998 Standard Traffic Ordinance. Greg Bengtson, City Attorney, gave the staff report. 98-1625 Moved by Commissioner Jilka, seconded by Commissioner Seaton, to approve Ordinance Number 98-9886 for first reading. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Mayor Brungardt announced the appointment of Janice Ostrom to the Library Board effective today. 98-1626 Moved by Commissioner Seaton, seconded by Commissioner Jilka, to appoint Janice Ostrom to the Library Board effective today. Aye: (4). Nay: (0). Motion carried. ADJOURNMENT )8-1626 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 5:42 p.m. 0-1-1 �W6-4—� Peter F. Brungardt, Mayor [SEAL] ATTEST: u"'&0• .L CMC, City erk