12-12-1994 MinutesAction
94-443
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
DECEMBER 12, 1994
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, December 12, 1994, at 4:00
p.m.
There were present:
Mayor Joseph A. Warner, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
Commissioner Evelyn Maxwell
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
Commissioner Peter F. Brungardt
CITIZEN FORUM
None
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continuation of Public Hearing and report on Petition No. 4090
requesting vacation of the public right-of-way for Dillingham Avenue located
west of Lot 6, Brown & Brown Addition.
(5.1a.) First Reading Ordinance Number 94-9667.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the vacation request.
Mayor Warner declared the public hearing open.
There were no comments filed, written or oral, so the Mayor declared
the hearing closed.
Moved by Commissioner Divine, seconded by Commissioner Maxwell,
that Ordinance Number 94-9667 be introduced for first reading. Aye: (4).
Nay: (0) . Motion carried.
(5.2) Continuation of Public Hearing and report on Petition No. 4091
requesting vacation of the 20' public right-of-way located between Lots 1, 2 and
3, Block 1, Leavenworth Addition and the Dry Creek Channel.
(5.2a) First Reading Ordinance Number 94-9668.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the vacation request and explained that staff is recommending that the
vacation request be amended to read Lots 1 through 7.
Mayor Warner declared the public hearing open.
There were no comments filed, written or oral, so the Mayor declared
the hearing closed.
94-444 Moved by Commissioner Beggs, seconded by Commissioner Maxwell,
that Ordinance Number 94-9668 be introduced for first reading. Aye: (4).
Nay: (0). Motion carried.
Action
94-445
94-446
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting November 28, 1994.
(6.2) Resolution Number 94-4822, authorizing the Mayor to execute a
contract with Burlington Environmental for 1995 Household Hazardous Waste
Disposal.
(6.3) Petition Number 4092 was filed by Robert L. Haworth for the
installation of certain street and utility improvements in Country Club Estates
Addition Number 3. (Refer to the City Engineer for a report on validity) .
(6.4) Resolution Number 94-4823, authorizing the Mayor to execute a
License Agreement between the City of Salina, Kansas and The Wells Group to
allow placement of communication cable in the public right-of-way.
(6.5) Resolution Number 94-4824, authorizing the Mayor to execute a
License Agreement between the City of Salina, Kansas and Dale and Terri
Mattison to allow placement of a private sanitary sewer pipeline in the public
right-of-way.
Moved by Commissioner Maxwell, seconded by Commissioner Divine,
that all items on the Consent Agenda be approved. Aye: (4) . Nay: (0) .
Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z94-5, filed by Statcare, L.L.C., requesting a change in
zoning district classification from R-1 (Single-family Residential) and R-3
(Multi -family Residential) to PC -1 (Planned Restricted Business) on property
legally described as Lot One (1) , Block Seven (7) , Meyer Addition, Lot One
(1) , Block One (1) , Hancock Addition and the North 154.24 ft. of Lot Two (2) ,
Block Ten (10) in the Replat of Block One (1) , Lots One (1) through Eight
(8) , Dow Addition to the City of Salina, Kansas (aka 1200 East Republic) .
(7.1a) First Reading Ordinance Number 94-9665.
Roy Dudark, Director of Planning and Community Development,
explained the zoning request, the lighting of the area, drainage and parking.
Lynn Elder, 1201 E. Republic, spoke against the rezoning saying that
the lot to be used for parking could be a buildable lot but has been owned by
the clinic since 1990. He asked that the rezoning not be approved without a
site plan for the lot to the south.
Shawn O'Leary, Assistant Director of Engineering and Utilities, spoke
to the Commission regarding the driveway and drainage.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Ordinance Number 94-9665 be introduced for first reading. Aye: Beggs,
Maxwell, Warner. (3). Nay: Divine. (1). Motion carried.
Commissioner Maxwell asked staff to review the drainage.
(7.2) Application #Z94-6, filed by Asbury -Salina Regional Medical Center,
requesting a change in zoning district classification from R-3 (Multi -family
Residential) to PC -3 (Planned Shopping Center District) on property legally
described as Lot Two (2) on 5th Street in Holland's Addition to the City of
Salina, Kansas (aka 400-406 S. 5th & 110-112 E. South St.).
(7.2a) First Reading Ordinance Number 94-9666.
Roy Dudark, Director of Planning and Community Development,
explained the rezoning request.
94-447 Moved by Commissioner Divine, seconded by Commissioner Beggs,
that Ordinance Number 94-9666 be introduced for first reading. Aye: (4).
Nay: (0). Motion carried.
Action
94-448
94-449
94-450
94-451
94-452
ADMINISTRATION
(8.1) Second Reading Ordinance Number 94-9664, providing for the
annexation of Lot 1, Block 1, Flying J Subdivision in Saline County, Kansas, in
conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive.
Moved by Commissioner Divine, seconded by Commissioner Maxwell,
that Ordinance Number 94-9664, providing for the annexation of Lot 1, Block 1,
Flying J Subdivision in Saline County, Kansas, in conformity with the provisions
of K.S.A. 12-519 to 12-526, inclusive, be adopted. Aye: Beggs, Divine,
Maxwell, Warner. (4) . Nay: (0) . Motion carried.
(8.2) Resolution Number 94-4825, a resolution relating to benefits obtainable
by cities under the program for federal aid on highway construction.
(Centennial Road Realignment Project) .
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the agreement with KDOT to realign a portion of Centennial Road.
Moved by Commissioner Divine, seconded by Commissioner Maxwell,
that Resolution Number 94-4825, a resolution relating to benefits obtainable by
cities under the program for federal aid on highway construction, be adopted.
Aye: (4). Nay: (0). Motion carried.
(8.3) Report on bids received Tuesday, December 6, 1994 for Building
Demolition Project No. 94-917. (Award the contract to Bob Smith Salvage, Inc.
in the amount of $14,950.)
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the 3 bids which were received.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs,
that the contract for Building Demolition Project No. 94-917 be awarded to Bob
Smith Salvage, Inc. in the amount of $14,950. Aye: (4). Nay: (0). Motion
carried.
(8.4) Report on bids received Tuesday, December 6, 1994 for the
Fox -Watson Theatre Storefront Remodeling, Project No. 94-915. (Award the
contract to Lancaster Construction Company in the amount of $57,818.00) .
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the bids and recommended that staff be allowed to negotiate a change
order to remodel a fourth interior space.
Moved by Commissioner Maxwell, seconded by Commissioner Divine,
that the contract for the Fox -Watson Theatre Storefront Remodeling, Project
No. 94-915 be awarded to Lancaster Construction Company in the amount of
$57,818.00, and that staff be directed to negotiate a change order with the
contractor for remodeling the fourth storefront space. Aye: (4) . Nay: (0) .
Motion carried.
(8.5) Request for executive session to discuss personnel matter.
Moved by Commissioner Beggs, seconded by Commissioner Divine,
that the Board of Commissioners recess into executive session for 30 minutes for
the purpose of discussing a personnel matter regarding a non -elected employee
of the City for the reason that public discussion of the matter would invade the
privacy of the employee involved. Aye: (4) . Nay: (0) . Motion carried.
6:02 p.m.
The Board of Commissioners recessed at 5:32 p.m. and reconvened at
The Commissioners took no action.
None
OTHER BUSINESS
Action
94-453
ADJOURNMENT
Moved
by Commissioner
Divine, seconded by
Commissioner Maxwell,
that the Regular
Meeting of the
Board of Commissioners
be adjourned. Aye:
(4). Nay: (0).
Motion carried.
The meeting adjourned
at 6:03 p.m.
[ SEAL]
ATTEST:
udy D. ng, City C rk
����
os p Warner, Mayor