10-11-1993 Minutes93-411
93-412
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
OCTOBER 11, 1993
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, October 11, 1993, at 4:00 p.m.
There were present:
Mayor Peter F. Brungardt, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
Commissioner Evelyn Maxwell
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
None
CITIZEN FORUM
None
AWARDS - PROCLAMATIONS
None
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting September 27, 1993.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
i' that the Consent Agenda item be approved. Aye: (5) . Nay: (0) . Motion
adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 93-9, filed by Target Stores, for the rezoning of Lot 3, Block 3,
Matlock -Johnson Addition to the City of Salina, Kansas from PC -3 (Planned
Shopping Center District) to PC -5 (Planned Service Commercial), be approved.
(Located at the northeast corner of South Ninth Street and Schilling Road.)
(Introduce Ordinance Number 93-9601 for first reading.)
Roy Dudark, Director of Planning and Community Development,
reviewed the application and the City Planning Commission recommendation.
The Commissioners and staff discussed the zoning regulations
regarding size of signs.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the recommendation from the City Planning Commission be accepted, that Zoning
Application 93-9 be approved, and that Ordinance Number 93-9601, providing
for the amendment of Ordinance Number 8526, the same being Chapter 42 of the
Salina Code, and the Zoning District Map therein and thereby adopted and
providing for the rezoning of certain property within the City and prescribing
the proper uses thereof, be introduced for first reading. Aye: (5). Nay:
(0) . Motion adopted.
Commission --
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(7.2) Recommendation from the City Planning Commission that Plat
Application 93-7/7A, filed by JKW Associates, requesting approval of the final
plat of Village Lane Townhomes Addition, a Replat of the North 105' of Lots 1
and 2, Block 8, Georgetown Addition of the City of Salina, Saline County
Kansas, be approved. (2300 Block Village Lane)
Roy Dudark, Director of Planning and Community Development,
reviewed the application and the recommendation of the City Planning
Commission.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation of the City Planning Commission be accepted, that Plat
Application 93-7/7A be approved, and that the Mayor be authorized to sign the
final plat of Village Lane Townhomes Addition. Aye: (5). Nay: (0). Motion
adopted.
(7.3) Consider additional project budget and reallocation for continued
capital improvements at Kansas State University -Salina.
Roy Dudark, Director of Planning and Community Development,
introduced Jerry Carter, Director of Facilities Planning at Kansas State
University, who reviewed the proposed budget. He said this is the final
allocation of the sales tax money that will complete the project.
Jack Henry, Dean of Kansas State University -Salina, spoke of the
additional investment to campus development from foundations, scholarships, etc.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the program and budget additions and amendments as proposed for KSU-Salina
campus development, be approved. Aye: (5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 93-9599, providing for the
annexation of certain land in the Northwest Quarter of Section One (1) ,
Township Fifteen South (T15S), Range Three West (R3W) of the Sixth Principal
Meridian in Saline County, Kansas, in conformity with the provisions of K.S.A.
12-519 to 12-526, inclusive.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Ordinance Number 93-9599, providing for the annexation of certain land in the
Northwest Quarter of Section One (1), Township Fifteen South (T15S), Range
Three West (R3W) of the Sixth Principal Meridian in Saline County, Kansas, in
conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive, be
adopted. (South 1/2 of Schilling Road, Ninth Street East to Railroad). Aye:
Beggs, Divine, Maxwell, Warner, Brungardt. (5). Nay: (0). Motion adopted.
(8.2) Second Reading Ordinance Number 93-9600, amending Section 25-1 of
the Salina Code regarding definitions; and amending Section 25-153 regarding
confiscation and disposition of weapons; and amending Article IX of Chapter 25
of the Salina Code by adding Section 25-160, relating to the storage of firearms
where a minor is likely to gain access thereto; and repealing the existing
Sections 25-1 and 25-153.
Dennis M. Kissinger, City Manager,
reviewed proposed changes to
the ordinance based on comments received from
the public since first
reading.
He said staff recommends amending Section 25-160
that adds
"locked
vehicles"
or "locked room" language and specifies that
trigger locks
are for
unloaded
firearms only. He said staff also recommends
the elimination
of the
automatic
forfeiture of seized property, and suggests
leaving the
decision
to the
Municipal Court Judge on a case by case basis.
Rick Nicholson, 349 W. Ellsworth; Bob Constable; Dick Worth; Larry
Mulder; Steven Holm; Randall Holm; Steven Rothenberger, 1814 Gebhart; Jim
Ziegelmeier, 1849 Roach; Leslie Berry, 2160 Roach; and Greg Seitz, 1661 W.
Republic, spoke against the ordinance.
Helen Bonny, 2020 Simmons Street; and, Spence McCray, 647
Georgetown, spoke in support of the ordinance.
The Commissioners and staff discussed the effectiveness of similar
ordinances in other cities.
Commission
Kul z P I"L ,S ; Kansa T
93-416
— 93-417
93-418
93-41.9
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Greg Bengtson, City Attorney, offered clarification of certain terms
and options for the Commissioners to consider. He spoke on the enforceability
and constitutionality of the proposed ordinance.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 93-9600, amending Section 25-1 of the Salina Code regarding
definitions; and amending Section 25-153 regarding confiscation and disposition
of weapons; and amending Article IX of Chapter 25 of the Salina Code by
adding Section 25-160, relating to the storage of firearms where a minor is
likely to gain access thereto; and repealing the existing Sections 25-1 and
25-153, be adopted.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that consideration of Ordinance Number 93-9600 be postponed for 2 weeks.
Aye: Beggs, Maxwell. (2) . Nay: Divine, "tel, Brungardt. (3) . Motion
failed. u',,
Moved by Commissioner Maxwell, seconded by Commissioner Divine
that Section 25-160 subparagraph (a) delineated in Section 2 of Ordinance
Number 93-9600 be amended to include locked rooms, locked vehicles and
trigger locks on unloaded firearms only. Aye: Divine, Maxwell, Warner,
Brungardt. (4). Nay: (0). Commissioner Beggs abstained. Motion adopted.
Moved by Commissioner Maxwell, seconded by Commissioner Warner
that the fourth line of the caption of Ordinance Number 93-9600 be amended to
read, "...where a minor may gain access..." ; that Section 2 of the ordinance
be amended by deleting proposed subparagraph (d) ; and that Section 3 of the
ordinance, amending Section 25-153, be deleted. Aye: Divine, Maxwell,
Warner, Brungardt. (4). Nay: (0). Commissioner Beggs abstained. Motion
adopted.
The Mayor called for a vote on Commission Action #93-416, to adopt
Ordinance Number 93-9600, as amended. Aye: Divine, Maxwell, Warner,
Brungardt. (4) . Nay: Beggs. (1) . Motion adopted.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 93-9603 be added to the agenda for consideration at this
time. Aye: (5) . Nay: (0) . Motion adopted.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 93-9603, amending Section 25-153 regarding confiscation and
disposition of weapons; and repealing the existing section, be introduced for
first reading. Aye: (5). Nay: (0). Motion adopted.
Moved by Commissioner Divine, seconded by Commissioner Warner that
an emergency be declared to exist in. order to consider Ordinance Number
93-9603 on second reading at this time. Aye: (5). Nay: (0). Motion adopted.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 93-9603, amending Section 25-153 regarding confiscation and
disposition of weapons; and repealing the existing section, be adopted. Aye:
Beggs, Divine, Maxwell, Warner, Brungardt. (5) . Nay: (0) . Motion adopted.
(8.3) Resolution Number 93-4646, establishing city policy pertaining to
public information and education as to firearms safety.
Dennis M. Kissinger, City Manager, reviewed the Resolution. He
proposed changing the wording in Section 5 from "... others currently involved
in voluntary education programs..." to "... others involved, now or in the
future, in voluntary education programs...".
Randall Holm said he supports the Resolution and asked that the idea
of a public shooting range be moved off the back burner in order to take
advantage of federal and state money.
Dennis M. Kissinger, City Manager, said that a public shooting range
will be considered by the Commissioners in November when they consider the
Capital Improvement Program.
Rick Nicholson, 349 West Ellsworth, said he supports the "Eddie
Eagle" program, sponsored by the National Rifle Association, to be taught in
the schools.
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Lavina Worth volunteered her services to establish a local "Eddie
Eagle" program.
Dick Worth said the Maxwell Game shooting range is not a suitable
range and said he supports a local shooting range.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Resolution Number 93-4646, establishing city policy pertaining to public
information and education as to firearms safety, be adopted as amended. Aye:
(5) . Nay: (0) . Motion adopted.
(8.4) First Reading Ordinance Number 93-9602, levying the annual Business
Improvement District service fees for 1994 applicable to all businesses located
within the Salina Business Improvement District Number 1; and repealing
Ordinance Number 92-9540.
Robert K. Biles, Director of Finance and Administration, said the
proposed service fees are the same as the fees for 1993. He said the fees will
be implemented January 1, 1994, following the 45 day protest period.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 93-9602, levying the annual Business Improvement District
service fees for 1994 applicable to all businesses located within the Salina
Business Improvement District Number 1; and repealing Ordinance Number
92-9540, be introduced for first reading. Aye: (5) . Nay: (0) . Motion
adopted.
(8.5) Resolution Number 93-4647, authorizing and ordering certain. curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer, and
water main and service improvements in the Pheasant Ridge Addition, ordering
preparation of plans and specifications and the estimate of costs; authorizing
the temporary financing of such improvements by the issuance of temporary
notes; and stating that the city intends to reimburse itself for capital
expenditures incurred in connection with the improvements.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the Resolution. He said this is the next step in the process to make
the improvements.
Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that Resolution Number 93-4647, authorizing and ordering certain curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer, and
water main and service improvements in the Pheasant Ridge Addition, ordering
preparation of plans and specifications and the estimate of costs; authorizing
the temporary financing of such improvements by the issuance of temporary
notes; and stating that the city intends to reimburse itself for capital
expenditures incurred in connection with the improvements, be adopted. Aye:
(5). Nay: (0). Motion adopted.
(8.6) City
Engineer reports
on the
validity of Petition Number 4065 filed by
Danny Huehl
for street and
utility
improvements in Country Oak Estates
Addition, and
files a feasibility
report
on the improvements.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the petition and feasibility report. He said the petition was signed by
100% of the owners of record owning 100% of the area liable for assessments, so
it is a valid petition.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the staff report be accepted, that Petition 4065 be approved, and that the
engineering feasibility report for street and utility improvements in Country
Oak Estates be accepted. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Resolution
Number
93-4648, determining
the advisability of
certain
curbing, guttering,
paving,
grading, storm water
drainage, lateral
sanitary
sewer and water main
and
service improvements
in Country Oak
Estates
Addition, estimating
the cost thereof, defining
the boundaries
of the
improvement district,
method
of assessment and apportioning the cost
between
the improvement district and
the city -at -large.
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comm ssi-on-
93-428 Moved by Commissioner Divine, seconded by Commissioner Beggs that
j; Resolution Number 93-4648, determining the advisability of curbing, guttering,
jpaving, grading, storm water drainage, lateral sanitary sewer and water main
i! and service improvements in Country Oak Estates Addition, estimating the cost
thereof, defining the boundaries of the improvement district, method of
assessment and apportioning the cost between the improvement district and the
city -at -large, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
93-429
(8.8) Consider authorizing the City to pay its share of the Saline
County -City Building Authority purchase price of the south parking lot.
Dennis M. Kissinger, City Manager, reviewed the background on this
project. He said the City's share, based on the number of employees in the
building, is $13,400 and would be funded from the 1993 City Public Buildings
and Facilities Budget.
Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that $13,400 be authorized from the 1993 City Public Buildings and Facilities
Budget to the Saline County -City Building Authority for the City's share of
Government Center parking lot purchase. Aye: (5) . Nay: (0) . Motion
adopted.
None
OTHER BUSINESS
ADJOURNMENT
93-430 i' Moved by Commissioner Warner, seconed by Commissioner Beggs that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) .
Nay: (0) . Motion adopted. The meeting adjourned at 6:54 p.m.
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, CMC
City Clerk