08-28-1995 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
AUGUST 28, 1995
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, August 28, 1995, at 4:00
p.m.
There were present:
Mayor John Divine, Chairman presiding
Commissioner R. Abner Perney
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
Barbara R. Weber, Deputy City Clerk
Judy D. Long, City Clerk
Commissioner Evelyn Maxwell
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The day of August 31, 1995 as "SALINA AREA UNITED WAY DAY".
The proclamation was read by Ann Siemers, President of the Board of Salina
Area United Way and Tom Martin, 1995 Campaign Chair.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continuation of public hearing to appeal the Planning Commission
denial of Conditional Use Permit Application #CU95-5, filed by LaVelle Frick, to
use the former Flamingo Motel located at 500 E. Pacific for apartments and a
rooming house.
Roy Dudark, Director of Planning and Community Development,
explained the conditional use permit request for apartments and a rooming
house. He advised the Commission that this applicant and others were given
two ways in which to comply with zoning and that this applicant had chosen to
do neither. Mr. Dudark defined a rooming house and clarified that this
application does not meet this definition, and referred to a study done a year
and a half ago.
Mayor Divine reconvened the public hearing.
LaVelle Frick, 120 Overhill, explained her request was for
apartments and thirty-three (33) separate rooms. She gave a brief history of
the property and stated the property had been a combined use since 1920 and
was ten (10) apartments with thirty-three (33) motel rooms when it was
purchased ten (10) years ago. The state had suggested that the thirty-three
(33) rooms on the application to the city be called Rooming House rooms. She
explained she wanted approval of a mixed use - apartment and motel rooms or
a Rooming House, as the definition with the state for motel or rooming house is
the same. If the thirty-three (33) rooms need to be called "motel rooms" and
they need to reapply for a motel license, they will do so. She asked for the
original combined use of thirty-three (33) Motel rooms and apartments.
Dick Blackwell, attorney, representing LaVelle Frick, spoke in favor
of the request reiterating that until 1991 this property was a combined use
under a motel license.
Dennis Kissinger, City Manager, asked if the request is now for
thirty-three (33) commercial units and ten (10) apartment units and if the
original request for apartments and a rooming house is no longer an issue.
Action
95-308
95-309
95-310
95-311
Mr. Blackwell contended that the City's and the State's definitions of
a rooming house were the same.
Mr. Kissinger supported Mr. Dudark's statements that the definitions
are not the same.
Mr. Blackwell stated that the Frick's would be applying for a motel
license.
Mr. Dudark stated that the applicant would need to reapply for the
motel/apartment use.
It was clarified that: The area is currently zoned C-5. There are
currently ten (10) nonconforming apartments. The property owners have been
told by the municipal court to bring the area into compliance. The application
was for a mixed use of apartments and a rooming house which is not what the
applicant wants to do today. The applicant now wants a mixed use of
apartments and motel.
Mr. Blackwell noted that if the applicant needed to apply for a motel
license and then reapply to the Planning Commission for a conditional use permit
they would do so. He understood that the Planning Commission would not
approve this mixed use.
Mr. Dudark explained that the original application was for a
residential rooming house, not a motel license. He explained that the applicant
could apply for a motel license for the entire facility, including the apartments.
Mayor Divine directed the applicant to re -apply to the Planning
Commission as amended today, clarifying what the applicant wants the City
Commission to do.
No other comments were offered. The Mayor closed the public
hearing.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to affirm the action of the Planning Commission and deny the
application. Aye: (4) . Nay: (0) . Motion carried.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of August 21, 1995.
(6.2) Resolution Number 95-4920 as to the advisability and authorizing
construction of certain street and utility improvements in the Woodland Hills
Estates Addition; and a report from the City Engineer declaring Petition Number
4108 sufficient.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
approve all items on the consent agenda. Aye: (4) . Nay: (0) . Motion
carried.
DEVELOPMENT BUSINESS
None.
ADMINISTRATION
(8.1) Second reading Ordinance Number 95-9704 amending Section 42-256 of
the Salina Code regarding Use Limitations in the C-1 District.
Moved by Commissioner Brungardt, seconded by Commissioner Seaton
to adopt Ordinance Number 95-9704. A roll call vote was taken. Aye: (4),
Brungardt, Perney, Seaton, Divine. Nay: (0) . Motion carried.
(8.2) Second reading Ordinance Number 95-9705 authorizing the acquisition
of certain right-of-way and temporary easement necessary for construction of
the Magnolia/I-135 Interchange Project.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt Ordinance Number 94-9705. A roll call vote was taken.
Aye: (4), Brungardt, Perney, Seaton, Divine. Nay: (0). Motion carried.
(8.3) Resolution Number 95-4919 appointing members to various Boards and
ction
95-312
— 95-313
95-314
95-315
95-316
Commissions.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 95-4919. Aye: (4) . Nay: (0) . Motion
carried.
Barbara Weber, Deputy City Clerk, read the names and terms of the
appointees.
(8.4) Resolution Number 95-4921 adopting the revised City of Salina
Environmental Release Policy.
Dennis Kissinger,
City Manager, identified
this as a complex issue
and clarified the revision to
the release
policy which
was described in error in
the August 27, 1995 Salina Journal. He
explained the
procedure for obtaining a
release from liability and of
the city's
need to get a threshold of information
regarding properties before
approving
a release.
Mr. Kissinger clarified
eligibility for release.
Greg Bengston, City Attorney, explained the actual change which
would occur in the document.
Steve Wortmann, 711 Highland, explained that he and his neighbors
had been discussing the groundwater issue. He asked if this change would
affect any pending applications.
Mr. Kissinger explained that most of the residential properties were
not suspect and will be released. Unless the property once contained a use
that could be suspect, the majority of the residential area is not required to
file an application.
Gary McCausland, 236 Raymond, asked if all residential properties
had been released.
Mr. Kissinger explained that most of the 790 residential properties
would be released in the near future.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve Resolution Number 95-4921. Aye: (4) . Nay: (0) .
Motion carried.
(8.5) Award of contract for the Smoky Hill Museum Interior Wall
Remodeling Project Number 95-947.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the bids.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
award the contract for the Smoky Hill Museum Interior Wall Remodeling Project
for the base bid to Bill Medina Construction Company in the amount of
$9,988.00. Aye: (4) . Nay (0) . Motion carried.
OTHER BUSINESS
(9.1) Dennis Kissinger, City Manager explained that there are conflicts in
scheduling for the September 18, 1995 City Commission Meeting. However, the
public hearing for demolition was set for this date. Steps may be taken to
change this date.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
authorize steps be taken to change the date for public hearing on Resolution
Number 95-4901 from 4:00 p.m. September 18, 1995 to 4:00 p.m. September 25,
1995. Aye: (4). Nay: (0). Motion carried.
(9.2) Commissioner Brungardt moved to recess into executive session for
the purpose of conducting preliminary discussions relating to the purchase of
real estate, for the reason that public discussion of the matter would adversely
impact the City's position in negotiating a purchase price; and reconvene in
this room in ten (10) minutes or at 5:30 p.m. Seconded by Commissioner
Seaton. Aye: (4) . Nay: (0) . Motion carried.
The Board of Commissioners recessed at 5:20 p.m. and reconvene at
5:30 p.m.
Action
95-317
95-318
Moved by Commissioner Perney that the Mayor be authorized to
execute a contract to purchase right-of-way necessary for the Magnolia
Road/I-135 Interchange project: Kenneth J. Nordboe, Annabelle Marie Nordboe
and Michael J. Nordboe, including approximately 4.059 acres, for a gross
amount of $200,000 less a reduction for special assessments of $6,003.04 for a
net purchase price of $193,996.96. Seconded by Commissioner Seaton. Aye:
(4). Nay: (0). Motion carried.
(9.3) The day of September 2, 1995 to observe VJ Day. The proclamation
was read John Hamilton, representing the American Legion.
ADJOURNMENT
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, that the Regular Meeting of the Board of Commissioners be adjourned.
Aye:(4). Nay: (0). The meeting adjourned at 5:35 p.m.
[ SEAL j
ATTEST:
ud o g , City erk
ohn Divine, Mayor