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05-06-1996 MinutesAction CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS MAY 6, 1996 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, May 6, 1996, at 4:00 p.m. There were present: Mayor Evelyn Maxwell, Chairman presiding Commissioner R. Abner Perney Commissioner John Divine Commissioner Peter F. Brungardt Commissioner Kristin M. Seaton comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. CITIZEN FORUM Mike Henry, Executive Director Community Access Television, explained the new system to bring emergency messages from the Emergency Management Center. Mike introduced Gail Aills live from the Emergency Management Office on a Television set up in the meeting room. The system will instruct viewers on all cable channels to turn to Channel 20 for more information during emergency situations. Senator Ben Vidrickson, as a citizen, passed pictures of his daughter who was attacked by a Chow dog 3 weeks ago. He is concerned about the effectiveness of the City's ordinances in this type of situation. The City's ordinances do not allow for enforcement as a "Vicious Dog" unless there has been a history of such action. He responded to Commissioner Divine's inquires regarding State laws, clarifying that the State has left this matter to local governments. AWARDS - PROCLAMATIONS (4.1) The Week of May 5th through 11th, 1996 as "DRINKING WATER WEEK" in the City of Salina. The proclamation was read by Ms. Hank Corcoran, member American Water Works Association Customer Service Activities Committee. (4.2) The Days of May 10th and 11th, 1996 as "BUDDY POPPY DAYS" in the City of Salina. The proclamation was read by Leon P. Kashkin, Past Commander - Buddy Poppy Chairman of VFW Post 1432. (4.3) The Week of May 4th through 11th, 1996 as "NATIONAL SAFE KIDS WEEK" in the City of Salina. The proclamation was read by Janice Pankratz, Salina Parks and Recreation Commission. (4.4) The Week of May 12th through May 18th, 1996 as "POLICE WEEK" in the City of Salina. The proclamation was read by Chaplain Arthur Carter, Salina Police Department. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing to consider adoption of a resolution providing for the repair or removal of a dangerous structure. (5.1a) Resolution Number 96-5008. Mike Peterson, Building Inspector and Zoning Administrator, gave a staff report regarding 245 South Santa Fe Avenue, the location of the former Hough Piano and Organ building. He noted this was an aggressive action and explained the justification. Mayor Maxwell called the public hearing to order. Action 96-549 96-550 Darrold Hough, representing the owners, noted that they had been waiting for clearance regarding the groundwater contamination before proceeding with work on this structure. Now that they have received this, he would like to proceed but asked consideration on the time schedule. He explained insurance issues and that the insurance company had deemed the walls to be sound. He explained his intent to make the location productive. A discussion followed between the Commissioners, Mr. Hough, and Mr. Peterson regarding an acceptable adjustment to the time schedule. Dennis Kissinger, City Manager, advised the Commission that timeliness was the issue. He noted that the location had been released from groundwater contamination in December 1995 with an additional copy of the release sent in March 1996, clarifying that there is a difficulty in getting mail to the right person. He asked for a contact name and address for future use. vote: Mr. Hough agreed to give the pertinent information to the City Staff. Mayor Maxwell asked for additional cleanup of the area for public Safety with Mr. Kissinger noting the debris should be removed entirely. Mr. Hough agreed to remove the debris in the next several days. Mayor Maxwell spoke regarding the burned timbers and a cracked wall, these issues had been discussed with Mr. Hough. The Mayor instructed Mr. Kissinger to assist Mr. Hough with City documents regarding the insurance issue. No other comments were offered. The hearing was closed. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of April 22, 1996. (6.2) Petition Number 4116, filed by Blue Beacon, requesting the vacation of the drainage easement through Lot 6 and a portion of Lot 5 in the Interstate District North of. I-70 Number 2. Refer petition to Engineering and authorize City Clerk to set a date for public hearing. (6.3) Approve Change Order Number 1, Project Number 94-912, Painting of Gypsum Hill Water Tower, in the deductive amount of $3,298.61. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to approve all items on the consent agenda. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z96-1, filed by John Melvin, requesting a change in zoning district classification from Saline County AG, Agricultural District, to MH -P, Manufactured Home Park District, and preliminary park plan approval on a 39 acre tract located south of Country Oak Estates between I-135 and Dry Creek. (7.1a) First reading Ordinance Number 96-9738. Roy Dudark, Director of Planning and Community Development, explained the rezoning request. He responded to Commission inquires advising that this is a preliminary plan. He explained that the water and sewer will be combined public and private, and that there will be curb and gutters on the internal streets. Marcella as a collector street was discussed noting east and west sides of Marcella allow direct connection. Mr. Dudark explained that no parking on the internal streets will be permitted with the Park Management policing compliance. The issue of guest parking was discussed with Mr. Dudark explaining driveway options. Moved by Commissioner Divine, seconded by Commissioner Perney, to adopt Resolution Number 96-5008 changing section 2 to have the work begin July 1, 1996 and be completed by November 30, 1996 with plans to be submitted by July 1, 1996. Commissioner Divine stated that we have a "Good Faith" commitment on the other issues discussed. Mayor Maxwell called for a vote: Aye: (5), Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of April 22, 1996. (6.2) Petition Number 4116, filed by Blue Beacon, requesting the vacation of the drainage easement through Lot 6 and a portion of Lot 5 in the Interstate District North of. I-70 Number 2. Refer petition to Engineering and authorize City Clerk to set a date for public hearing. (6.3) Approve Change Order Number 1, Project Number 94-912, Painting of Gypsum Hill Water Tower, in the deductive amount of $3,298.61. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to approve all items on the consent agenda. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z96-1, filed by John Melvin, requesting a change in zoning district classification from Saline County AG, Agricultural District, to MH -P, Manufactured Home Park District, and preliminary park plan approval on a 39 acre tract located south of Country Oak Estates between I-135 and Dry Creek. (7.1a) First reading Ordinance Number 96-9738. Roy Dudark, Director of Planning and Community Development, explained the rezoning request. He responded to Commission inquires advising that this is a preliminary plan. He explained that the water and sewer will be combined public and private, and that there will be curb and gutters on the internal streets. Marcella as a collector street was discussed noting east and west sides of Marcella allow direct connection. Mr. Dudark explained that no parking on the internal streets will be permitted with the Park Management policing compliance. The issue of guest parking was discussed with Mr. Dudark explaining driveway options. Action 96-551 96-552 96-553 John Melvin, 1125 Columbine, applicant, explained the history of their manufactured home business and the plans for Cedar Creek. The lots will be leased with rules and regulations included with the lease agreement for residents. He addressed Salina's housing needs. He indicated he wants to start on the development immediately, as soon as it is approved. The Mayor questioned the inclusion of a swap of land in the rezoning application. She indicated the process has been reversed and that the park issue should have been addressed first. Moved by Commissioner Divine, seconded by Commissioner Seaton, to approve Ordinance Number 96-9738 for first reading. Aye: (4). Nay: (1), Maxwell for the reason that the action was reversed. (7.2) Application #A96-1, filed by John Melvin, requesting annexation of a 35.88 acre tract in the SW 1/4 of the NE 1/4 of Section 2, Township 15 South, Range 3 West, of the Sixth Principal Meridian in Saline County, Kansas to allow development of a planned manufactured housing community. (7.2a) First reading Ordinance Number 96-9739. Roy Dudark, Director or Planning and Community Development, explained the annexation request. Moved by Commissioner Seaton, seconded by Commissioner Perney to approve Ordinance Number 96-9739 for first reading. Aye: (5). Nay: (0). Motion carried. (7.3) Consideration of Resolution Number 96-5009 declaring a tract of land located south of Schilling Road and east of Dry Creek as surplus park land. Roy Dudark, Director of Planning and Community Development, explained the recommendation of the Park and Recreation Advisory Board to declare a portion of park land in the Fox Run area as surplus property. He went on to explain a proposed property exchange with John Melvin. He clarified that if passed, this resolution will be published twice with a thirty day protest period. Jo Funk, 1102 Fairway, explained some information she had previously submitted to the Commissioners. She expressed her concern regarding the wildlife which live in the area in question and what damage would occur if the area is declared surplus. She noted that the Comprehensive Plan states that this type of area should be preserved and specifically states the Dry Creek Channel. She also noted that the Schilling area was to be a Number One priority for future park space. She strongly opposes the land swap and noted that the developer could donate the unusable portion land he wants to swap with the City. Donald Lloyd, 3117 Huehl Circle, spoke regarding the extension of Marcella Drive noting that after it clears the south portion of the proposed development it will be surrounded by farm land. The questioned curve of the proposed extension is through what was an old farmstead that has since grown over with scrub trees. Dennis Kissinger, City Manager, explained that the Park and Recreation Advisory Board had looked at this area and had recommended the land exchange. Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to approve Resolution Number 96-5009. Aye: (4). Nay: (1), Maxwell. (7.4) Application #Z96-4, filed by Kaw Valley Engineering, on behalf of Phil Bundy, requesting a change in zoning district classification from A-1, Agricultural District, to PC -3, Planned Shopping Center District, for property located south of Mid -State Mall and the Lambertz Addition between South Ninth Street and I-135, the site of the old 81 Drive-in. (7.4a) First reading Ordinance Number 96-9736. Roy Dudark, Director of Planning and Community Development, explained the history of this location, the rezoning request and the proposed development plan. Action 96-554 96-555 96-556 96-557 Moved by Commissioner Divine, seconded by Commissioner Seaton, to approve Ordinance Number 96-9736 for first reading. Mayor Maxwell expressed her concern for the mature trees and shrubs and reference was made to Land Use Laws. Wally Storey, former owner of the property, stated that they will do what they can to save some of the trees, noting that his wife, among others were also concerned. Randall Holm, spoke regarding concerns about moving the frontage road. He advised the Commission that the plans change the frontage road to circulate through the new development to get to other established businesses and noted the impact this will have on neighboring businesses. He asked who was going to pay for the current road being torn out and replaced and noted possible alternative solutions. Dennis Kissinger, City Manager, stated that these issues would best be discussed at the next Planning Commission Meeting. Mr. Holm indicated he came before the City Commission because he will not be able to attend the City Planning Commission May 15, 1996. Mayor Maxwell called for a vote on the motion. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 96-9735 providing for the annexation of the North 250' of Lot 1, Block 1, Bergkamp Subdivision. No comments have been received since the first reading of this ordinance. Moved by Commissioner Perney, seconded by Commissioner Brungardt, to adopt Ordinance Number 96-9735 on second reading. A roll call vote was taken. Aye: (5), Divine, Brungardt, Perney, Seaton, Maxwell. Nay: (0). Motion carried. (8.2) First reading Ordinance Number 96-9737 authorizing the issuance, sale and delivery of $1,847,000 principal amount of General Obligation Internal Improvement Bonds, Series 1996-A, for the purpose of providing funds to pay the cost of certain street and utility improvements in the City. (8.2a) Resolution Number 96-5007 prescribing the form and details of and authorizing the delivery of the general obligation improvement bonds authorized by Ordinance Number 96-9737. Rod Franz, Director of Finance and Administration, explained the ordinance authorizes the sale of the bonds and the resolution prescribes the terms of the bonds. Roger Ediger, explained the bid bond process, the current market and the interest rates. He introduced Randy Irey and David Arteberry. . Moved by Commissioner Divine, seconded by Commissioner Brungardt, to approve Ordinance Number 96-9737 for first reading. Aye: (5). Nay: (0) . Motion carried. Mr. Ediger responded to Commission inquiry that two-thirds will be paid by the City -at -Large, and one-third will be paid by special benefit districts. Moved by Commissioner Brungardt, seconded by Commissioner Divine, to adopt Resolution Number 96-5007. Aye: (5) . Nay: (0) . Motion carried. Mayor Maxwell read a debt burden quote from Moody Daily Municipal ratings and asked Mr. Ediger to explain the rating scale. Mr. Ediger explained the rating scale, that the City has an "Al" rating and what that meant. Action OTHER BUSINESS 96-558 (9.1) Moved by Commissioner Perney to increase the salaries of the City Commissioners from $100 to $400 per month effective June 1, 1996 due to the length of the City Commission Meetings. Motion died for lack of a second. (9.2) Mayor Maxwell announced the board appointments for members of the Board of Commissioners. ADJOURNMENT 96-559 Moved by Commissioner Divine, seconded by Commissioner -- Brungardt, that the Regular Meeting of the Board of Commissioners be adjourned. Aye:(5). Nay: (0). Motion carried. The meeting adjourned at 6:24 p.m. Evelyn Maxwell, Mayor [SEAL] ATTEST: d- u y D Lo City Clerk