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06-14-1993 Minutes93-232 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JUNE 14, 1993 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, June 14, 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 Michael Morgan, Assistant City Manager Jacqueline Shiever, City Clerk Dennis M. Kissinger, City Manager 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 June 7, 1993. (6.2) Authorize the City Clerk to issue a Surety on Bail Bond Agent License to James A. Lewis, agent for Action Bonding. Moved by Commissioner Divine, seconded by Commissioner Warner that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1a) Recommendation from the City Planning Commission that Planned Development District Application 93-3, filed by Wally Storey, for a change in zoning classification from Saline County AG (Agricultural) to PDD (Planned Development District) to allow an adult care facility, assisted living complex and single-family residences on a 24.3 acre tract at the southwest corner of Country Club Road and Holmes Road, be denied. (7.1b) Petition Number 4062, filed by property owners within 200 feet, protesting the proposed rezoning. Roy Dudark, Director of Planning and Community Development, reviewed the application, development of the project in phases, the recommendation of the City Planning Commission, and the options available to the City Commissioners. Greg Bengtson, City Attorney, reported that the protest petition, because it was was filed later than the fourteen days deadline following the public hearing, or April 20, 1993, would not require an extraordinary majority vote of the Board of Commissioners. The Commissioners and staff discussed the requirements of PDD zoning, the timing of the development of the various phases of the planned development district and water pressure in the mains at the location. Wally Storey, real estate agent for the developer, presented a book of exhibits and reports to the Commissioners. He reiterated the developers desire to make this project an asset for the community. Ken Bieberly, Architect, reviewed the revisions made to the site development plan and the landscape plan. He said they have changed the roof line, added more brick, and proposed a layout of single family dwelling units as a buffer between the new development and existing neighborhood. He also said that the best of the existing trees in the area will be retained. Ted Brown, Developer and owner of Holiday Resorts, reviewed the skilled care facilities and the addition of single family dwellings on the perimeter to buffer the view of the nursing home facility from the adjacent residential area. He presented pictures mounted on white boards of the Emporia facility and compared it with the proposed facility in Salina. He presented a three dimensional scale model of the Planned Development District showing the location of each proposed structure. He said he is willing to put additional restrictive covenants on the single family dwelling lots to make it equal to or greater than the Country Club Estates Number 4 Addition restrictions. Mr. Brown discussed the marketing studies conducted for the proposed Salina facility. Wally Storey, Real Estate Agent, presented pictures, mounted on back boards, of other predominant structures in Salina and discussed how they have not affected other property values of neighboring homes. Lee Jones, Real Estate Appraiser from Wichita, specializing in representing property owners in eminent domain matters, said he has appraised the Emporia facility and based on his experience, feels that the proposed facility in Salina will have no negative effect on the surrounding homes. He presented a handout and reviewed several major structures in Wichita, Emporia and Salina. He said the major structures did not deter the development of any of the areas. Tom Powell, Attorney from Wichita representing the applicant and Holiday Resorts, discussed the proposed protective covenants by the developer for the single family dwelling lots. He reviewed each of the exhibits presented in the red bound handout and asked the City Commissioners to approve the rezoning and to consider the following items in their decision: 1. Applicant's Exhibits presented today. 2. Appraisal report by Mr. Jones. 3. Architect's report from Ken Bieberly. . 4. Photos presented. 5. Architectural drawings. 6. Architectural model. Mark Lacy, 108 North Presley Drive, protester and representative of a majority of the people present in the audience, asked why the new information presented by the applicant at this meeting was not made available at previous City Planning Commission public hearings. He summarized the neighborhood's reasons for protesting the huge proposed development: direct access to an arterial street, low income jobs, nursing home residents will not go out and boost the economy, the huge project will dominate the neighborhood, the loss of the mature trees, the storm drainage easement, photos of the proposed rezoning property, the proposed facility will be 77,000 square feet, current neighborhood abuts the property line, there will be 3 shift changes each day, desirability of the property on the hill for residences, issues debated at the City Planning Commission meeting, traffic at the bend in Country Club Road is crowded and dangerous, fire protection issues, the best test at the bottom of hill get 565 gallons per minute which is far from 1500 necessary, zoning regulations on pages 2462 and 2463, density issue, no density requirements for nursing home facilities, property tax on the facilities, enforceability of the regulations for the ponding area and its maintenance, the single family homes will face parking lot or a large building, where are the amenities for the existing neighborhood, the homes are not planned for construction for 5 years, accuracy of the developer during the planning public hearing process, high disposable income families move into this area, historically elderly people vote against economic and educational issues, the nursing home will generate $5.00 an hour jobs, during three City Planning Commission meetings, the developer was unable to meet the requirements. He asked the City Commissioners to consider the following items in their decision, and to deny the rezoning request: 1. Inconsistencies in the Appraisal report from the applicant. 2. Protest petition 3. Economic impact of the proposed development on the surrounding area. 4. The packet of information from Mark Lacy including photos and salary information. Page 22 density issues, page 23 distance between properties, 5. Photographs of other facilities around town. Bickley Foster, planning consultant from Wichita, reviewed the City's zoning regulations and said they are outdated. He said there is nothing in the proposal that benefits the existing neighborhood and there must be a misprint in zoning regulations. He said he has worked for eighty cities and counties in Kansas, and the conditional uses listed in R zoning district are sanitorium, and nursing homes in the best neighborhoods, the R District. He said no R District is safe with the allowed conditional uses. He said Hutchinson allows five beds in the R-2 district. He asked why Salina allows people to present all this information to the City Commission when the statute says the public hearing will be held by the City Planning Commission. He said there is a list of factors, the Golden Case, lists eight conditions and the missing one, the single most important factor is the balancing act of the adjacent property owners and community weighed against the hardship to the developer in using that site. He said the City Commission should not act within fourteen days of the City Planning Commission meeting. He said the neighborhood property owners were not advised of the time frame of their right to protest. He said the City Commission undermines the City Planning Commission when the applications are sent back for reconsideration. The business has to be related to people in the neighborhood and a general PDD invokes the 30% requirement. He asked that the City please let these people know when the thirty day period starts for a potential court case. He said the development needs to be accessible to an arterial or collector street, and it has to be screened. He said the proposed development does not meet R standards and that the employees must be considered. Totally ignored is 120 employees, who come and go continually, day and night. The development must be directly accessible. He said he agrees with the City Planning Commission decision. People in the neighborhood have gathered information for an excellent presentation. F. R. Staab, 2604 Argonne, said traffic is bad around nursing homes especially during shift changes and deliveries. He said he hopes they do a better job than most other nursing homes in Salina because they can't get competent help. Ottmar Lang, 2608 Deborah Drive, said he is concerned about increased traffic and the cheap labor that will be employed at the nursing home. He said he is opposed to the development. Chris Summers, 103 South Presley Drive, said the state legislature has passed House Bill 2526 placing a moritorium on construction of new nursing homes in Kansas for the next 5 years. He said he does not believe there is a need for additional nursing homes because Kansas has more nursing beds per capita than any state in the nation; but, there is a need for home health care programs. Dorothy Caswell, owner and operator of a small, 4 -bed, residential care facility, said she has 2 vacancies in her small facility, and she has a problem finding professional staff. Floyd Gwin, 2628 Deborah, expressed his concern about the increase in traffic at Estates Drive and Crestview Drive. The Mayor closed the public comment period. Greg Bengtson, City Attorney, said the City is unable to enforce the private convenents on the property in private developments. Roy Dudark, Director of Planning and Community Development, said property owners were each given notice of the public hearing and the appropriate time for protest in the first letter sent. The Commissioners and staff discussed other areas in Salina suitable for residential development. Commissioner Maxwell read article F of the Golden Case, the balancing test: the relative gain to economic development, public health, safety and welfare by the reduction of the value of the land owner's property as compared to the hardship imposed by such reduction upon the individual land owner. Commissioner Maxwell said, "When I was initially given guidelines for this there was a little bit lesser weight to this item. Personally I felt that the public health and safety was especially important to the nursing home use, and especially with the critical shortage of staffing to maintain a nursing home quality of life people want and need. People in the nursing home, their life, their health, their safety, their welfare and their ability to pursue happiness is very much constrained by the staffing levels and the quality of staff you are able to obtain. We have had a number of nursing homes express concern. Mrs. Caswell is one who has a home nursing facility but there was today a new survey of the empty beds and we have 35 empty beds today in the nursing home facilities. Apparently all of the nursing homes are licensed at the same level. We earlier heard in the testimony that this facility will be an intermediate level care and all of the nursing homes are required to come up to the same standards. The home nursing homes in a small group, are allowed to do the majority of things that are allowed in a skilled facility. They do not give IV's. Mrs. Caswell does not provide oxygen. Naturally they dont have room for some types of rehabilitation equipment which Mr. Brown provides in his proposal. The major concern the administrators of the nursing homes here in town who have contacted me is the critical shortage of qualified care takers and how that might be impacted by having a large influx of nursing home beds and how it will affect the safety of the residents of all of the nursing homes, not only the existing ones but also Mr. Brown's facility. My other concern is relating to the fire code. It is very, very hard for me to put aside the fact that people in a nursing home are unable to help themselves in most cases, and sometimes they are somewhat drugged by sleeping medications at night, and if we should have a grass fire or anything happening in that area I'd love to have the ponding as an auxiliary source, but I really find it difficult to think of trying to protect the lives of that 120 people plus all the residents in that area that are surrounded by agricultural land including Estates 4 at the current time with an inadequate city supply of water. That is very difficult for me to compromise. There is not very many neighbors currently out there that would be able to swarm in to help if we had a grass fire come from one of the fields. " Chief Girard responded, "As we stated in our staff report, the ponding area is a secondary or auxiliary source. We still would rely primarily on the domestic water, and as far as grass fire protection, that is primarily handled from our tanks. All of our engine companies carry 500 gallon water tanks. You have to be able to move so we primarily use portable tanks". Commissioner Maxwell asked, "What is the response time to that area"? Chief Girard responded, "It would be in 4 to 5 minutes range which is acceptable under the comprehensive plan". Shawn O'Leary, Assistant City Engineer and Director of Utilities, said, "Commissioner, just to clarify too, this building will be fully sprinkled. The sprinkler system will be connected to the city's pressurized distribution system, like any other facility of its type or any other sprinkler building of its type. That sprinkler system is the first line of attack obviously the second line of attack is the distribution system and the fire hydrants attached to it. The final line of attack would be the pond and the drafting program which our system is capable of handling as well". Commissioner Maxwell said, "The internal fire does not concern me as much because the rules and regulations for nursing homes is that they have to have special set aside places for smoking. I think Mr. Lacy brought this up, so most residents are not allowed smoking material in their rooms. That may vary with the nursing homes". Chief Girard responded, "The plans also will be submitted to the State Fire Marshall office who has the responsibility to sign off on the fire protection plan". Commissioner Maxwell said, "When you and I talked earlier, we discussed what kind of conditions might plug the drafting station, you said the fish and the algae would go through and that would not plug it up and decrease the volume that you are able to use. Rocks in the bottom of the ponding area I believe you told me could be sucked up and could lodge at the bend and decrease the flow. So in creating a pond, if the Commission decides to reverse the Planning Commission, I believe that we need to have some way of really securing that area around the standpipe regardless what the Fire Marshal at the state level might say in order to keep us from having debris and rocks that could be sucked up into that standpipe". Chief Girard responded, "The drafting station must be put in to meet NFDA standards and they specify the hard surface area, it also addresses the engineering of the drafting system". Commissioner Maxwell asked "And how far it is and how deep it is from the ... and how close to the bottom of the pond then is it allowed to 9011? Chief Girard responded, "At least three feet". Commissioner Maxwell said, "It cannot be within three feet" Chief Girard responded, "It has to be set on a bed of rock, that is the key to remember, this is an auxiliary system. Our primary use is the sprinkler system, and domestic water supply". Commissioner Maxwell said, "Yes I understand, however we need to meet standards. We need 1500 gallons per minute to meet standards and we are not meeting that with our public system". Chief Girard responded, "That takes into consideration a 52,000 square foot building that each room and corridor would have separate sprinklers and statistics will tell us one or two sprinkler heads will usually control a fire in a room". Commissioner Maxwell said, "And in terms of our addressing the fires outside on the perimeter". Chief Girard said, "It would primarily be tank water and the city fire hydrants which would be approximately 750 gallons per minute". Commissioner Maxwell asked, "And you feel that would be quite adequate given advance warning I guess or early.. . " Chief Girard said, "It is consistent with our responses elsewhere in the city". Commissioner Maxwell said, "I still have images of some of our grass fire out in the county, of course they are not so close". Chief Girard responded, "We have mutual aid agreements with all the rural county districts and we don't hesitate to call on them if they are needed". Commissioner Maxwell asked, "Would our fire insurance be affected by having relied upon the pond as part of our supply"? Chief Girard replied, "No". Commissioner Maxwell said, "I agree with the gentleman that the arterial access is important not only from a traffic point of view, but also from the point of view of the rapid reponse time of the fire department to be able to come directly from the arterial to the nursing home makes you able to be active at least a few seconds, a half a minute or so sooner, than you would otherwise. I'd like to say that Mr. Brown's facilities, according to a friend of mine who has lived there before Mr. Brown ever developed his nursing home. It is kind of a show place that what we have seen has not just been doctored up in case somebody should come and visit, but that really is very nice and that it is one of the most desirable of the facilities that they have. They told me that there are two facilities that are quite highly desired by the residents and that this is one of the facilities that they very much desire to be in. I think there has been a lot of concern on the part of the community regarding Co ccign Cl. P n 6aiine, Kans that, so I would like Mr. Brown to know that. I believe those are the major factors that I am concerned with. I would like to save those trees. You have a home health program there, and the nursing homes here are beginning to collaborate in terms of meeting the needs of the citizenry with the hospitals and with one another in order to develop specialty areas for one and the other in order to help keep down the costs of care. Would you be interested in taking part in that process and seeing what kind of special needs that we have and participating in that planning"? Mr. Brown, unintelligible response. Commissioner Maxwell asked, "You don't plan a home health care aspect or at least it hasn't been mentioned regarding a proposal so far for Salina". Mr. Brown, unintelligible response. Greg Bengtson, City Attorney, said, "Just one point, it is intended to be content neutral, but a clarification as to this balancing factor that I believe Mr. Foster first raised. I am looking at the Golden Case. The factor indicates that one of the tests being the relative gain to the public health, safety and welfare by the destruction of the value of plaintiff property as compared to the hardship imposed on the individual land owner. I just wanted to be sure I understood and I suppose I am inviting comment by Mr. Foster or possibly by Mr. Powell, I understood that test which is not a part of our code, but certainly is one of the tests articulated in the Golden case, but that I understood that in order for the balance to occur, one side of the balance had to have weights indicating that there was destruction in the value of the neighboring property. Just a point of clarification that I hope is helpful to the Commission of what is being balanced". Commissioner Warner said, "After three plus hours I think we can all agree we certainly have heard a great deal of information and we have had the process. We have talked about everything from the global economy to the future of nursing homes industry in Kansas, and even in general, and in particular, talked at certain lengths of trying to guard against every eventuality. I guess one of the things I would like to bring up is the fact that we have in all of this, the process to look at the applicant and the process we have asked the applicant to undertake, and we have in my view an applicant that has met, and in some cases exceeded, that process. For me, that is an important thing that I cannot look away from in reviewing this matter that we have been discussing for nearly three and one half hours now. If we look at that, it is very difficult when we set up a process with rules and regulations. We asked that those be met and we have the process of the planning commission and the public hearings and the public debate and we get to this point I have a real problem with someone who has done everything we have asked him, to suddenly not be consistent with that. If we have a problem with the process or if we have a problem with components of that process, it behooves us as a citizenry to change the process. In reviewing the various points that have been talked about today, the character of the neighborhood, and the fact that we talked about density and compatibility issue, I think that obviously those are in the eye of the beholder. I think with what the applicant has done with his revised plan has come a great deal in meeting a lot of the concerns the neighbors had originally expressed at the beginning of the process. We have talked about the public facilities and services, and time and time again our staff tells us and professional people assure, we are within the bounds of those issues which think are significant points. The fact that low dwelling density of this proposed project is within comformance of our comprehensive plan an effort that we undertook in recent years a great deal of effort to develop, and this falls within that framework, is again a significant point for me. I have reviewed the information and the various conditions that over and above have been added to this project as well as the applicants willingness to impose covenants for single family housing that would surround the western part of this development and the willingness to work toward the future alleviation of the water and sewer downstream as far as future development, and I think these are the things we need to look at as a commission as we develop our motion this afternoon". Mayor Brungardt said, "I would like to make a few comments as one who will not make a motion obviously, probably only fair I make comments prior to us getting to that stage. I'd first like to comment on a personal level that the neighbors have been, in my view, quite industrious and quite thorough, and I appreciate quite mannerly in this whole process and they have been throughly businesslike and I appreciate their vital interest in their homes and in their investment that they have in their homes and the pride they have shown in that concern. I appreciate the way they have gone about it. We rubes in Salina, Mr. Foster, perhaps don't know much about zoning, but we kind of like our town, and one of the things we have done over the years is allow some conditional uses in R zoning, nursing homes being one of those. To my mind there is some similiarity in nursing homes and churches and schools in that they feature large buildings and open spaces around them so at least in the visual impact, and a usage or density impact, they have similar impact on an area to my thinking. In nursing homes, we also some years ago, and since that 1977 by the way, put in a requirement where they have access to arterials to further protect those neighborhoods. I think it has worked well. I don't have a problem with that. If, indeed it is a problem, and it is the wrong thing for us to do, I think we should consider that in another forum and not with the case in point. The fact that we have those conditional uses in R zoning does impact at least in the mental process of this PDD, if not in fact. The reason that those conditional uses exist, or the way they are met, is of course by a series of tests. Whether those things are objectionable to the surrounding area we go through a series of things that the staff report pretty much followed having to do with the adequacy of traffic and water and sewage and of all the other necessities to sustain the building. We also look at the nature of the neighborhood and to my mind I know everyone is proud of their neighborhoods but from a zoning standpoint an R neighborhood is pretty much an R neighborhood and you may be proud of yours but I am afraid none of the residential neighborhoods to my way of thinking has inherant rights that are superior to others, and so it looks to me as though this development and the person who owns the land has a right to develop it if he meets the requirements to Salina's codes. We really cannot consider whether it is a viable project, whether it is a good idea, whether they can staff it or whether for that matter it is aesthetically pleasing although we are certainly happy to do so. But it is a simple matter that the person who has the land wants to use it in a lawful way and they have met all the requirements we have imposed and so I will certainly support it when it comes time to vote". Commissioner Divine said, "First of all, I had a little frustration, as the neighbors did. I am always, even to the point of irritation, when the day of the meeting we start getting books of information that there is no way we could read. There is a great deal of information here that we should have had to work with. I am going to ask the staff in the future to let that be known to people who are coming before us. It is also a common courtesy that we need to get to. I came into the meeting today very open, but with three or four really concerns related and one of it was, I would like to have heard if, other than an opinion, how is this going to hurt the value of my home. And I know this is a concern with the neighbors. This happens to be a concern with every zoning issue. I am very much a believer that the neighborhood makes the neighborhood, the people in the neighborhood make the neighborhood, and it is critical for us as a commission that something intrusive does not happen. And again the neighbors brought a great deal of very important points to those first two or three meetings, in bringing us down to a single everything we see in the plan is at a single level so that is does not stick out it does not, other than the fact that the size but if you put 96 homes at 2,000 square feet you end up with some of that same kind of sizing. Our long range plan says low density. This is a low density. I don't believe it is the Commission's responsibility to look at the profitability or make the business decisions related to this or make the business decisions related to nursing homes or any other business. If there is a concern that the state has not set up its laws in relationship to meet the health care needs of the community, then I would hope that the state will step up to that issue and I would hope that we as a commission, if we are out of code, then we should bring that back at another time and look and say what does our R-1 code have to do. I have not been able to find in all of the discussion and all of the pictures a clear and present danger to the existing neighborhood or a dominance to that existing neighborhood. I literally ran the area and drove by it four or five times and really tried hard to look at that. I have not been able to come up with a clear and strong opinion in definition that this will have a negative impact on the neighborhood. I think the neighborhood is made up of the people who live there and I think that will not happen". Commissioner Beggs said "It has been my impression listening to members of the community due to the large amount of publicity that this issue has received, typically, and that is good. The most frequent comment is, 'I don't envy you'. It is a judgement call. When you listen to arguments from individuals who are expressing opinions. I value those opinions. However, if they are not mathematically or factually based, they become opinions and that is it and that is one of the toughest parts, in my opinion, of a determination on an issue such as this, because it invites opinions in both directions for and it is extremely difficult for those of us annointed, to try to feel comfortable with 93-233 that opinion and the decision we make, but that is certainly the case in this issue". Commissioner Maxwell said, "May I add a couple of things, regardless of how the vote should go, ammenities to the community, I think that it has been shown as near as we can tell from statistics that the retirement community, although it might approach the same amount of traffic and so on as developing at the same density for residential, it would not probably be more than it would be it if were developed for residential and it would be fairly quiet except for those times when an ambulance was required on an emergency basis. Not all ambulance runs are on an emergency basis. Single occupancy care, in terms of residential health care facility, is highly desirable on the part of the public. It is not always available when you want it. Most people would like to have a room to themselves often cannot afford it and yet even when they can afford it I'm not sure of how frequently it is available. That is something Mr. Brown will want to check into I imagine as he gets deeper into the needs of the community. I think that there would definitely be a decreased impact on the school in the area and that school is having a tough time keeping up with the growth in the area. I would like to advise the citizens of whether or not the vote goes in favor of the project, that we do have a very serious concern with the care of those elders who are required to be in a nursing home facility. As a community, we need to find some way to entice people into nursing home care as nursing home workers and as volunteers we need to do things to help relieve the burden on the workers so that they can do the things that only they can do so that the care in the nursing homes will be the kind of care that people can be comfortable with. As an instructor of nursing students in two of the facilities that are the newest and had the most room so that we could attend there, even in those facilities, there are times when there is not enough staff to be where you would like them to be at a time at that particular time. The care of the elderly in nursing homes is a very serious concern." Moved by Commissioner Beggs, seconded by Commissioner Divine, that the application be approved as requested by the applicant and recommended by city staff. Commissioner Warner asked "Does the motion include the 11th proviso of the covenant for the single family lots"? Greg Bengtson, City Attorney, said there were a number of factors stated, and asked Commissioner Beggs to clarify those factors to be included in his motion. Commissioner Beggs said, "The motion does include the recommendation based on comments of the Commissioners independently as to the specifics of this application and the topics discussed and had an opportunity to be advised of". Commissioner Warner said, "More specifically, that we do not feel it adversely impinges on the character of the neighborhood, that we feel it is a suitable site for this developoment, we are comfortable that there is availability of public facilities and services, that it does conform with our comprehensive plan, has a low dwelling density project and that we see substantial public good for having a project of this nature in Salina." Commissioner Beggs confirmed the additions as part of his motion. Commissioner Divine confirmed his second. Commissioner Maxwell asked, "What is the process if the motion carries for Mr. Brown in terms of further development, because the code makes it sound like if it is approved at this level there probably wouldn't be any other opportunity to discuss it". Roy Dudark, Director of Planning and Community Development, explained, "A final plan for phase 1 and phase 2, no final plan required for the single family homes, and there would have to be a plat drawn that would specifically show the lots and the dimensions and the requirements for development. It would be presented to the City Planning Commission first and then submitted to you for final approval prior to second reading of this ordinance". Commissioner Maxwell asked, "If he should decide that the nursing home of that size or of the type he used in Emporia doesn't quite meet the needs of this community and he wished to change it, how would that happen"? 93-234 93-235 93-236 Roy Dudark, Director of Planning and Community Development, replied, "If it is a significant change, any expansion of the building or major reconfiguration of the plan it would require another public hearing. If it were a minor change it would not require a public hearing". Mayor Brungardt called for a vote on Commission Action # 93-233. Aye: (5). Nay: (0). Motion adopted. The Mayor declared a five minute recess to clear the room. The Commissioners recessed at 7:35 and reconvened at 7:40 p.m. (7.1c) First Reading Ordinance Number 93-9574, providing for the annexation of certain land in the Northeast Quarter of Section 17, T14S, R2W. (A 24.3 acre tract of land located at the southwest corner of Country Club Road and Holmes Road) (Requested in Annexation Application 93-3, filed by Ted Brown) Roy Dudark, Director of Planning and Community Development, reviewed the application and maintenance responsibilities of both the city and county. He said Parsons School will not be included in the annexation. Moved by Commissioner Divine, seconded by Commissioner Beggs that Ordinance Number 93-9574, providing for the annexation of certain land in the Northeast Quarter of Section 17, T14S, R2W, be introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted. (7.2) Recommendation from the City Planning Commission that Planned Development District Application 93-5, filed by Don Allison, that the preliminary development plan and rezoning of Lots 16, 17, 18, Block 1, Eastgate Addition from R-2 (Multi -family Residential) to PDD/R-1 (Planned Development District), be approved. (Introduce Ordinance Number 93-9575 for first reading.) Roy Dudark, Director of Planning and Community Development, reviewed the project. He said there has been no opposition and the City Planning Commission approved the project 6-0. He said there will be no city maintenance of the internal streets. The Commissioners and staff discussed the adequacy of utilities in the area and city utilities versus private utilities. They also discussed the possibility of a park in the area in the near future. Moved by Commissioner Warner, seconded by Commissioner Divine that the recommendation of the City Planning Commission be accepted, that Planned Development District Application 93-5 be approved and that Ordinance Number 93-9575, 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. ADMINISTRATION (8.1) Second Reading Ordinance Number 93-9572, 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; and repealing Ordinance Number 8505. (Requested in Application #PDD93-4/4A, filed by William Chaffee, for the rezoning of Lots 1-10, Block 8, Georgetown Addition.) Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 93-9572, 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; and repealing Ordinance Number 8505, be adopted. Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5) . Nay: (0) . Motion adopted. Commission KUM1n-Co Prrting—Salina.Kang �1 'YYi 1l 93-237 93-238 93-239 (8.2) Resolution Number 93-4606, authorizing the Mayor to execute a Special Warranty Deed from the City of Salina to Exline, Inc. which has been the subject of an industrial revenue bond issue. Greg Bengtson, City Attorney, reviewed the warranty deed. Moved by Commissioner Divine, seconded by Commissioner Warner that Resolution Number 93-4606, authorizing the Mayor to execute a Special Warranty Deed from the City of Salina to Exline, Inc. which has been the subject of an industrial revenue bond issue, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.3) Report on bids received June 8, 1993 for the Household Hazardous Waste Building. (Award the contract to Waffle -Crete International, Inc., Hays, Kansas, in the amount of $25,890). Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the bids received and recommended the contract be awarded to Waffle -Crete International, Inc. of Hays, Kansas. Moved by Commissioner Maxwell, seconded by Commissioner Beggs that the staff recommendation be accepted and that the contract for the Household Hazardous Waste Building be awarded to Waffle -Crete International, Inc., Hays, Kansas, in the amount of $25,890. Aye: (5) . 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: (S). Nay: (0) . Motion adopted. The meeting adjourned at 8:04 p.m. Peter F. Brungardt, Mayor [ SEAL] ATTEST: Jacquelfne Shiever, CMC City Clerk