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08-04-2003 MinutesCommission Action # Consolitlaietl.SaLna 03-6061 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS August 4, 2003 4:00 p.m. The City Commission convened at 3:45 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 Alan E. Jilka, Chairman presiding Commissioner Deborah P. Divine Commissioner Donnie D. Marrs Commissioner Monte D. Shadwick Commissioner Paul G. Webb comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Shandi Wicks, Account Clerk Absent: Lieu Arm Nicola, City Clerk CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4240 requesting vacation of the platted restricted access for the proposed Marshall Motors site on South Ninth Street. (5.1a) First reading Ordinance No. 03-10162. Mayor Jilka opened the public hearing. Shawn O'Leary, Director of Engineering and General Services, explained the petition, its history and the intended use of restricted access. He outlined the Planning Commission's action, staff's recommendation for approval, and the further action to be taken including a KDOT change order to allow construction of a driveway. Commissioner Divine then spoke with Mr. O'Leary concerning the Traffic Engineering Report and impacts. Mr. O'Leary also confirmed that Mr. Marshall will be responsible for the acceleration and deceleration lanes and that this Ordinance No. 03-10162 , Section 3, still restricts the petitioner to one driveway. Mr. O'Leary then responded to Commissioner Marrs regarding the plat of this area. There being no further comments, the public hearing was closed. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve Ordinance No. 03-10162 on first reading contingent on successful completion of the steps as outlined by the Planning Commission. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of July 28, 2003. Commission Action # co�woae�ea-Senna 03-6063 03-6064 (6.2) Resolution No. 03-5964 authorizing an Airport Authority -County Law Enforcement Contract among the Salina Airport Authority, Saline County, and the Saline County Sheriff's Department pertaining to airport security. Moved by Commissioner Marrs, seconded by Commissioner Divine, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z03-8, filed by Randall Holm, on behalf of Kenneth Naegele, requesting a change in zoning district classification from R (Single Family Residential) to I-2 (Light Industrial) on property addressed as 1226 E. Woodland Avenue. (7.1a) First reading Ordinance No. 03-10160. Dean Andrew, Director of Planning and Community Development, explained the application, the history of the property, and the request for rezoning. A discussion followed between staff and the Commissioners pertaining to a conflicted perception of the area. Mr. Andrew responded to Commissioner Marrs regarding the lack of sanitary sewer in the area by explaining the use of cold storage, the potential to tap into the Prospect Avenue sewer, and clarification that a septic system could not be used. He explained uses in an "I-2" district for Commissioner Divine and responded to storm water collection issues. Shawn O'Leary, Director of Engineering and General Services, explained the use of a hazardous materials no -harm agreement. Mayor Jilka suggested a more comprehensive plan approach to this area and City Manager Dennis Kissinger explained that though staff has been reactive to this area, this may be one of a few areas that planning infrastructure might be worthwhile. Randall Holm, representing Kenneth Naegele, noted that the Planning Commission moved the request forward unanimously and that there has been no new residential construction in the neighborhood for 14 years, clarifying the trend in this area to light industrial. Referring to earlier sewer comments he noted that staff had told him that a septic system would definately not be a problem in this location. In closing he spoke of no objection or opposition by the neighbors. There being no further public comment Mayor Jilka requested Commission action on the matter. Moved by Commissioner Divine, seconded by Commissioner Shadwick, approval on first reading of Ordinance No. 03-10160 with the additional request that staff develop a plan to take into consideration improvements for this and any other neighborhood that has substandard public infrastructure facilities. Aye: (5). Nay: (0). Motion carried. (7.2) Application #Z03-9, filed by Randall Holm, on behalf of Donald and Emila Piper, requesting a change in zoning district classification from R (Single Family Residential) to I-2 (Light Industrial) on property addressed as 1327 E. Prospect Avenue. (7.2a) First reading Ordinance No. 03-10161. Dean Andrew, Director of Planning and Community Development, explained the application, the zoning history of the area, that current residential could not be rebuilt if destroyed, and that the Planning Commission was unanimous to approve the request. Randall Holm, Holmtown Realty, spoke in support of the rezoning. There being no further questions or comments it was moved by Commissioner Shadwick, seconded by Commissioner Webb, that Ordinance No. 03-10161 be approved on first reading. Aye: (5). Nay: (0). Motion carried. Commission Action # 03-60651 03-6067 1 •1•: 03-6065 03-607( ADMINISTRATION (8.1) Second reading Ordinance No. 03-10146 amending Section 4 of Ordinance No. 98-9859 to extend the Neighborhood Revitalization Plan Tax Rebate Program until December 31, 2003. Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance No. 03-10146 on second reading. A roll call vote was taken. Aye: (5), Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 03-10155 authorizing the issuance of Hospital Revenue Refunding Bonds (Salina Regional Health Center, Inc.), Series 2003. Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance No. 03-10155 on second reading. A roll call vote was taken. Aye: (5), Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.3) Shandi Wicks, Account Clerk, noted that this item has been removed from the agenda. (8.4) Resolution No. 03-5963 findings as to the advisability and authorizing street, drainage, and utility improvements in the RiverRun Addition. Shawn O'Leary, Director of Engineering and General Services, explained the petition for improvements of this new addition previously known as Meadow Muffin Farm. He detailed the improvements stating that the petition was clearly sufficient. He then explained the feasibility report and financing that includes an agricultural deferral of up to 15 years. Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve Resolution No. 03-5963 of advisability and authorization establishing the special assessment improvement district and authorize staff to set a bid date for the project. Aye: (5). Nay: (0). Motion carried. (8.5) Request for Executive Session pertaining to a legal matter. Moved by Commissioner Divine, seconded by Commissioner Shadwick, that the City Commission recess into executive session for 20 minutes to discuss with the City Attorney a matter subject to the attorney-client privilege for the reason that public discussion of the matter would waive that privilege and adversely affect the City's interests in the matter; and reconvene in this room at 5:15 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into Executive Session at 4:55 p.m. City Manager Dennis Kissinger noted the Executive Session would continue to 5:25 p.m. The City Commission reconvened at 5:27 p.m. Moved by Commissioner Divine, seconded by Commissioner Webb, that the City Commission affirm that City Manager Dennis Kissinger, with the assistance and advice of the attorneys of Clark, Mize and Linville, has been and continues to be the authorized representative and spokesperson for the City of Salina regarding environmental matters relating to the former Schilling Air Force Base ("SAFB") and that the Mayor be authorized and directed to sign a letter to the Corps of Engineers advising them of this affirmation. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Webb, seconded by Commissioner Divine, that the Mayor be authorized and directed to sign a letter to the Corps of Engineers in relation to the former Schilling Air Force Base requesting the immediate conversion of the Technical Review Committee to a Restoration Advisory Board and that the city staff be authorized to provide assistance to the Corps of Engineers in the creation and operation of a Restoration Advisory Board. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS Commission Action # 03-60711 ADJOURNMENT Moved by Commissioner Shadwick, seconded by Commissioner Divine, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:28 p.m. Alan E. Jilka, yor [SEAL] ATTEST: 'A Lieu Ann Nicola, City lerk