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11-15-1993 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS NOVEMBER 15, 1993 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, November 15, 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 proclaimed the Week of November 14 through 20, 1993 as "AMERICAN EDUCATION WEEK." The proclamation was read by Jo Musselwhite, President of NEA -Salina. Andy Tompkins, USD #305 Superintendent and George Robertson, USD #305 Board President were also present. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing as required by Resolution Number 93-4651 on Petition Number 4067, filed by Unity Church of Salina, Inc., for the vacation of a certain 10' utility easement located in Block 3 Hoffman Replat of Part of Blocks 1 and 2 and all of Blocks 7 and 8 Hageman Park Addition to the City of Salina, Saline County, Kansas. (5.1a) Consider First Reading Ordinance Number 93-9605, providing for the vacation of a certain 10' utility easement located in Block 3 Hoffman Replat of Part of Blocks 1 and 2 and all of Blocks 7 and 8 Hageman Park Addition to the City of Salina, Saline County, Kansas, with conditions. Shawn O'Leary, Assistant Director of Engineering and Utilities, reported on the petition and reviewed the alternatives for the City Commissioners to consider. Mayor Brungardt declared the public hearing open. A representative of the church said the church wants to construct a parking lot in this location. Shawn O'Leary, Assistant Director of Engineering and Utilites, said a parking lot is allowed in the easement without vacating the easement. He said staff recommends denial of the request. There were no other comments, written or oral, so the Mayor declared the public hearing closed. 93-460 Moved by Commissioner Warner, seconded by Commissioner Maxwell that the request for vacation be denied on the basis that the franchised utilities would be adversely affected. Aye: (4). Nay: (0). Motion adopted. rommisssion _ Kuhn Gox P-�r(}�l-ing-�q1i �T�y}Zaiig�}na��K3ns� 93-461 93-462 CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting November 8, 1993. (6.2) Set the date of December 7, 1993 as the date to receive bids on Engineering Project 93-888, sidewalk ramps. (6.3) Authorize the City Clerk to issue Taxi Cab License #30 to Fredrick Verl Thayer, d/b/a Economy Cab Service. (6.4) Resolution Number 93-4660, directing public notice of application for vacation of a certain drainage easement located on the west 60' of the east 110' of Lot 2, Block 1 in Triplett II Addition to the City of Salina, Saline County, Kansas. (Sets December 13, 1993 for public hearing.) Commissioner Maxwell had comments on each of the four consent agenda items: 6.1) under "Other Business" of the Minutes of November 8, 1993, she asked that it be noted that a discussion of a contract with the State Historical Society for more local control on review of projects was held and Dennis M. Kissinger, City Manager, said he will bring the matter back before the City Commission at a later date; 6.2) regarding the sidewalk ramp project, she said that citizens should contact the Engineering Department to see if a ramp is scheduled to be constructed at the end of their street; 6.3) asked about the taxi license. Dennis M. Kissinger, City Manager, said this license is for the business. He said staff is working on amendments to the Salina Code regarding taxi cab licenses; and, 6.4) she asked that staff note the address in the public notice for vacating request. Moved by Commissioner Maxwell, seconded by Commissioner Beggs that all items on the Consent Agenda, with the addition to the minutes, be approved. Aye: (4). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 93-12, filed by Larry Triplett, for the rezoning of the east 110' of Lot 2 and all of Lot 5, except the east 80' thereof, Block 1, Triplett II Addition to the City of Salina, Kansas from District RS (Residential Suburban) to District I-2 (Light Industrial), be approved. (Introduce Ordinance Number 93-9606 for first reading.) Roy Dudark, Director of Planning and Community Development, reviewed the application and recommendation from the City Planning Commission. The Commissioners and staff discussed the buffer zone between the storage building and the apartments on the east. Moved by Commissioner Warner, seconded by Commissioner Beggs that the recommendation from the City Planning Commission be accepted, that Zoning Application 93-12 be approved and that Ordinance Number 93-9606 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: (4). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that Planned Development District Application 93-8, filed by Jean McArthur for the rezoning of a tract in Lot 2, Surveyor's Plat 34 from District R (Single -Family Residential) to District PDD (Planned Development District), be approved. (Introduce Ordinance Number 93-9607 for first reading.) Roy Dudark, Director of Planning and Community Development, reviewed the application and the recommendation from the City Planning Commission. He said a valid protest petition has been filed so this item will require four affirmative votes to pass. The Commissioners and staff discussed storm drainage problems in this area, possible solutions, and areas of responsibility for the parties involved. 93-463 93-464 Jean McArthur, 175 Channel Drive, the applicant, said when the first home is built, it will connect into the existing 4" lateral sewer line instead of constructing a new one. Peter Earles, Engineer with Earles and Riggs, spoke on the matter of the drainage pond. He said it doesn't matter where it is located, it is designed to hold a certain amount of water. He also requested that the widening of the private street not be required until the third house is built. Bruce Moore, 1801 Hillcrest; Gill Fritz, 1817 Hillcrest; and, Jim Durham, 1809 Hillcrest, said this development will create drainage problems for the existing development. George Harrell, 1825 Hillcrest, said it doesn't make sense to put a road in back of his house, as well as one in front of his house. Shawn O'Leary, Assistant Director of Engineering and Utilites, said the property owners need to get together for a common solution to the drainage problem in this area. Don Hoff, Director of Engineering and Utilities, said the design of the roadway will play a key role in the storm water drainage in this area. The Commissioners and staff discussed the ramifications of approving the planned development district. Moved by Commissioner Warner, seconded by Commissioner Beggs that the recommendation from the City Planning Commission be accepted, that Planned Development District Application 93-8 be approved and that Ordinance Number 93-9607 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, with the understanding that construction/widening of the road be withheld until the building permit for the second home is issued, that a paved turnout be constructed immediately, and the reasons of the City Planning Commission for supporting their recommendation be incorporated. Aye: (4) . Nay: (0) . Motion adopted. (7.3) Recommendation from the City Planning Commission that Planned Development District Application 93-9, filed by the Salina Housing Authority for the rezoning of a tract of land in Section 26, Township 14 South, Range 3 West from District RS (Residential Suburban) to District PDD/R-1 (Planned Development District) , be approved. This tract is located on Tulane Avenue between Yale and Otto. (Introduce Ordinance Number 93-9608 for first reading. ) Roy Dudark, Director of Planning and Community Development, reviewed the application and the recommendation from the City Planning Commission. He said the Housing Authority will construct and maintain the homes until purchased by private individuals. Abner Perney, Director of the Salina Housing Authority, said grant funds are being used to construct nine single-family homes on this site and that this is part of a $3.6 million project to provide 60 housing units. Moved by Commissioner Beggs, seconded by Commissioner Warner that the recommendation from the City Planning Commission be accepted, that Planned Development District Application 93-9 be approved and that Ordinance Number 93-9608 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: (4). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Report on bids received Tuesday, November 9, 1993 for Engineering Project 93-879, Water Treatment Chlorination Facility. (Award the contract to Smoky Hill, Inc. in the amount of $861,000.) K", Cox Don Hoff, Director of Engineering and Utilities, reviewed the project and the bids received and recommended the contract be awarded to Smoky Hill, Inc. in the amount of $861,000. 93-465 Moved by Commissioner Maxwell, seconded by Commissioner Beggs that the staff recommendation be accepted and that the contract for Engineering Project 93-879, Water Treatment Chlorination Facility, be awarded to Smoky Hill, Inc. in the amount of $861,000. Aye: (4). Nay: (0). Motion adopted. 1 1I None OTHER BUSINESS ADJOURNMENT 93-466 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 5:44 p.m. P Peter F. Brungardt, Mayor [SEAL) ATTEST: Jacqueline 5hiever, CMC City Clerk