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10-18-1993 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS OCTOBER 18, 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 18, 1993, at 4:00 p.m. There were present: Mayor Peter F. Brungardt, Chairman presiding Commissioner Carol E. Beggs 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 Commissioner John Divine None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor presented City Service Awards to City of Salina employees with twenty-five years of service: Mel Abbott, Personnel Director; Jim Gross, Building Inspector II for the Permits and Inspection Division of the Planning and Community Development Department; Charlie Cole, Mechanic for the Central Garage Division of General Services; and, Jacquelyn Wilkins, Parking Enforcement Checker for the Parking Control Division of the Salina Police Department. The Mayor presented City Service Awards to City of Salina employees with ten years of service: Mary Percival, Secretary I for the Engineering Department; Roger Newell, Fire Engineer/EMT for the Salina Fire Department; Greg Brockway, Paramedic/Firefighter for the Salina Fire Department; Greg Compton, EMS Lieutenant of the EMS Division of the Salina Fire Department; Dale Johson, Police Officer for the Salina Police Department; Michael Sweeney, Police Sergeant/EMT for the Salina Police Department; Edward Swanson, Police Officer/EMT for the Salina Police Department; John Estep, Maintenance Worker I for the Street Division of the General Services Department; Tim Kerbs, Recreation Supervisor for the Parks and Recreation Department; Karen Fallis, Assistant Bicentennial Center Manager for the Bicentennial Center; and, Christine Slubowski, Customer Account Clerk II for the Water Customer Accounting Division of the Finance Department. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting October 11, 1993. (6.2) Set the date of Tuesday, November 16, 1993 as the date to receive bids for Engineering Project 93-886, Smoky Hill River Improvements, Phase III. (6.3) Authorize the City Clerk to issue Taxi -Cab License #19 to M.J. Scriven, d/b/a City Cab. (6.4) Petition Number 4067 was filed by Unity Church of Salina, Inc. for the vacation of the East-West 10' utility easement adjacent to Lots 8, 9 and 10, Block 3, Hoffman Replat of part of Blocks 1 and 2 and all of Blocks 7 and 8, Hageman Park Addition. ( Refer to the City Engineer for a report and to determine a date for public hearing.) Commission Kuhn -Cox Pr�iunq z al��cans� 93-431 93-432 93-433 93-434 (6.5) Authorize a license agreement permitting a canopy over the public right-of-way at 1225 Faith Drive. Mayor Brungardt noted that the Minutes of the October 11, 1993 meeting should reflect the vote of Commission Action #93-417 was Aye: Beggs, Maxwell. (2). Nay: Divine, Warner, Brungardt. (3). Moved by Commissioner Warner, seconded by Commissioner Beggs that all items on the Consent Agenda, with the correction to the Minutes, be approved. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 93-11, filed by William J. Stover, for the rezoning of Lot 11, Block 7, Replat of Faith Addition to the City of Salina, Kansas from District R-1 (Single -Family Residential) to District R-2 (Multiple -Family Residential), be denied. (Consider Ordinance Number 93-9604.) Roy Dudark, Director of Planning and Community Development, reviewed the application and the recommendation of the City Planning Commission to deny the rezoning. The Commissioners and staff discussed "transition areas" as described in the Comprehensive Plan. William Stover, East Country Club Road, the applicant, reviewed his request to rezone the lot in order to build a duplex or townhouse. Moved by Commissioner Warner, seconded by Commissioner Maxwell that the recommendation from the City Planning Commission be overturned and that Ordinance Number 93-9604 be introduced for first reading for the following reasons: 1) the zoning needs to be changed to conform to the character of the neighborhood; 2) the suitability of the site for development under the existing R zoning is not clearly evident; and, 3) there are adequate public facilities and services to allow this development as either R or R-2 zoning. Commissioner Maxwell asked that the motion be amended to include the reason that there is a need for overall additional affordable housing. Commissioner Warner concurred. Mayor Brungardt said that as a transitional zone, the rights should go to the property owner. Commissioner Beggs said that the City Planning Commission made the judgement call and he concurs with that decision. The Mayor called for a vote on Commission Action #93-432 as amended. Aye: Maxwell, Warner, Brungardt. (3). Nay: Beggs. (1). Motion failed because it require four affirmative votes. Moved by Commissioner Warner, seconded by Commissioner Beggs that Zoning Application 93-11 be returned to the City Planning Commission for reconsideration for the following reasons: 1) the zoning needs to be changed to conform to the character of the neighborhood; 2) the suitability of the site for development under the existing R zoning is not clearly evident; 3) there are adequate public facilities and services to allow this development as either R or R-2 zoning; and, 4) there is a need for overall additional affordable housing. Aye: (4). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading 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. (Requested in Zoning Application 93-9, filed by Target Stores) Moved by Commissioner Maxwell, seconded by Commissioner Beggs 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 adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4) . Nay: (0) . Commissioner Divine absent. Motion adopted. Commission 93-435 93-436 93-437 93-438 93-439 (8.2) Second 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. Moved by Commissioner Beggs, seconded by Commissioner Warner 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 adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4). Nay: (0). Commissioner Divine absent. Motion adopted. (8.3) Resolution Number 93-4649, appointing members to the City Planning Commission. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 93-4649, appointing members to the City Planning Commission, be adopted. Aye: (4). Nay: (0). Motion adopted. (8.4) Resolution Number 93-4650, authorizing and ordering certain curbing, guttering, paving, grading, storm water drainage, lateral sanitary sewer, and water main and service improvements in the Country Oak Estates 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, said this is the next step in the process for the improvements. Robert K. Biles, Director of Finance and Administration, said the maximum amount of bonds or temporary notes reflected in Section 10 of the Resolution should be $120,000 instead of $380,000. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 93-4650, authorizing and ordering certain curbing, guttering, paving, grading, storm water drainage, lateral sanitary sewer, and water main and service improvements in the Country Oak Estates 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, with Section 10 amended to reflect a maximum of $120,000, be adopted. Aye: (4). Nay: (0) . Motion adopted. (8.5) Approve Change Order Number 1 for Engineering Project 93-880, Booster Pump Station No. 2 in the net amount of $3,237.00. Don Hoff, Director of Engineering and Utilities, reviewed the scope of the change order. Moved by Commissioner Maxwell, seconded by Commissioner Beggs that Change Order Number 1 for Engineering Project 93-880, Booster Pump Station No. 2 in the net amount of $3,237.00, be approved. Aye: (4) . Nay: (0) . Motion adopted. (8.6) Report on bids received Tuesday, October 12, 1993 for construction of a Metal Canopy for the City of Salina's Fuel Facility. (Award the contract to D & S Petroleum, Inc. in the amount of $12,336.24.) Frank Weinhold, Director of General Services, reviewed the bids received and his recommendation. Moved by Commissioner Maxwell, seconded by Commissioner Beggs that the staff recommendation be accepted and that the contract for construction of a Metal Canopy for the City of Salina's Fuel Facility be awarded to D & S Petroleum, Inc. in the amount of $12,336.24. Aye: (4). Nay: (0). Motion adopted. 93-440 93-441 (8.7) Approve Change Order Number 1, for Engineering Project 91-839, North and South Boundary Roads, in the amount of $22,735.68. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the scope of the change order. Moved by Commissioner Beggs, seconded by Commissioner Maxwell that Change Order Number 1, for Engineering Project 91-839, North and South Boundary Roads, in the amount of $22,735.68, be approved. Aye: (4). Nay: (0) . Motion adopted. None OTHER BUSINESS ADJOURNMENT Moved by Commissioner Warner, seconded by Commissioner Beggs that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0) . Motion adopted. The meeting adjourned at 4:44 p.m. Peter F. Brungardt, Mayor [ SEAL] ATTEST: Jacquel"ne Shiever, CMC City Clerk