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08-16-1993 MinutesCommission Kuhn -Cox PKtiAZy�alLay�Ka�s� — — CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS AUGUST 16, 1993 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, August 16, 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: Greg Bengtson, City Attorney Michael Morgan, Assistant City Manager Jacqueline Shiever, City Clerk Absent: Dennis M. Kissinger, City Manager CITIZEN FORUM Ronald Williams, President of the Central Kansas Taxpayer's Association, spoke about the $450,000 recently budgeted by the City for use by Saline County for transitional costs associated with the new jail. He said that in light of the raises approved by the County Commission for themselves and other county officials, he does not think the City should give the County this money. The Commissioners and staff discussed the policy decision that was made regarding this issue. Robert K. Biles, Director of Finance and Administration, said the money is set aside in the fund balance and will be spent as needed by the County (up to $450,000) with further direction from the City Commission. AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting August 9, 1993. (6.2) City Engineer files plans and specifications for Engineering Project 93-883, Bicentennial Center Arena Roof project. Set the date of Tuesday, September 14, 1993 as the date to receive bids. (6.3) Set the date of Tuesday, September 21, 1993 as the date to receive bids for Solid Waste Landfill Phase One Construction. 93-322 Moved by Commissioner Divine, seconded by Commissioner Warner that all items on the Consent Agenda be approved. 93-323 Moved by Commissioner Maxwell, seconded by Commissioner Beggs that the Minutes of the Regular Meeting August 9, 1993 be amended to include a discussion of how the $450,000 earmarked for the new jail is to be allocated, and that Mr. Kissinger's explanation included the facts that the City/County agreements would be reviewed and that a large part of this was for the criminal justice system and specifically the juvenile detention and expenses related to gearing up for the new jail. Commission Kulrn-Co Pr K111 W - — -- _- 93-324 93-325 93-326 Commissioner Divine said he is against including the excessive discussion in the minutes as it could set the City up for trouble. The Mayor called for a vote on Commission Action #93-323. Aye: (2) . Nay: (3) . Motion failed. The Mayor called for a vote on Commission Action #93-322. Aye: (5) . Nay: (0) . Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 93-5, filed by Bill Medina, for the rezoning of the East 50' of Lots 10 and 12, all Lots 11 and 13, North 35' of Lots 15, 21 and 22 and the East 25' of the North 35' of Lot 20, Block 2, Hansen Court Addition, from District R-2 (Multi -Family Residential) to District C-3 (Shopping Center District), be approved. [ Introduce Ordinance Number 93-9591 for first reading.] Roy Dudark, Director of Planning and Community Development, reviewed the application, requested zoning, and the recommendation of the City Planning Commission. Moved by Commissioner Divine, seconded by Commissioner Maxwell that the recommendation of the City Planning Commission be accepted, that Zoning Application 93-5 be approved and that Ordinance Number 93-9591, 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. (7.2) Recommendation from the City Planning Commission that Zoning Application 93-7, filed by John Campbell, for the rezoning of a .77 acre tract of land in Block 24, Schilling Subdivision of the City of Salina from District I-1 (Industrial Park) to District PC -5 (Planned Service Commercial District), be approved. [ Introduce Ordinance Number 93-9592 for first reading.] Roy Dudark, Director of Planning and Community Development, reviewed the application and the recommendation of the City Planning Commission. Moved by Commissioner Warner, seconded by Commissioner Divine that the recommendation from the City Planning Commission be accepted, that Zoning Application 93-7 be approved, and that Ordinance Number 93-9592, 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. (7.3) Recommendation from the City Planning Commission that Plat Application 93-4/4A, filed by Don Allison, for approval of the Replat of Lots 16, 17 and 18, Block 1, Eastgate Addition, be approved. Roy Dudark, Director of Planning and Community Development, reviewed the application, and the access of the lots on two private streets. He said the large cottonwood tree on Lot 13 is not in the building footprint for a structure or on any right-of-way of either private street. He said it will be on private property and subject to the desires of the property owner as to the future of that tree. The Commissioners and staff discussed the drainage problems in the Eastgate area and possible remedies. Moved by Commissioner Maxwell, seconded by Commissioner Divine that the recommendation from the City Planning Commission be accepted, that Plat Application 93-4/4A be approved, and that the Mayor be authorized to sign the plat. Aye: (5). Nay: (0). Motion adopted. Commis. -,ion - 93 -327 ommi ccinn - - --- _-_— --_ - - ---- - in -Cox Peng i B��KTns� 93-327 93-328 93-329 93-330 (7.4) Second Reading 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. (Rezoning of Lots 16, 17, and 18, Block 1, Eastgate Addition from R-2 (Multi -Family Residential to PDD/R-1 (Planned Development District) Moved by Commissioner Divine, seconded by Commissioner Beggs 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 adopted. Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5) . Nay: (0) . Motion adopted. (7.5) Recommendation from the City Planning Commission that Plat Application 93-3A, filed by Golden Eagle Estates, Inc., for the approval of the final plat of Golden Eagle Estates Addition, a 40.19 acre tract of land in E/2 SW/4 of Section 30, T14S, R2W, be approved. (North of Magnolia Road, East of Mayfair Addition) Roy Dudark, Director of Planning and Community Development, reviewed the application and recommendation of the City Planning Commission to approve subject to 6 conditions. Moved by Commissioner Beggs, seconded by Commissioner Maxwell that the recommendation of the City Planning Commission be accepted, that Plat Application 93-3A be approved, and that the Mayor be authorized to sign the final plat. Aye: (5). Nay: (0). Motion adopted. (7.6) Second Reading Ordinance Number 93-9581 providing for the annexation of certain land in the East half of the Southwest Quarter of Section 30, Township 14 South, Range 3 West of the 6th Principal Meridian in Saline County, Kansas, in conformity with the provisions of K.S.A. 12-519 to 12-526, inclusive. (Golden Eagle Estates Addition) Moved by Commissioner Divine, seconded by Commissioner Warner that Ordinance Number 93-9581 providing for the annexation of certain land in the East half of the Southwest Quarter of Section 30, Township 14 South, Range 3 West of the 6th Principal Meridian 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, Brungardt. (5) . Nay: (0) . Motion adopted. (7.7) Second Reading Ordinance Number 93-9580, 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. [ Rezoning of Golden Eagle Estates Addition from District AG (Saline County Agricultural District) to PDD (Planned Development District).] Moved by Commissioner Warner, seconded by Commissioner Beggs that Ordinance Number 93-9580, 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, Divine, Maxwell, Warner, Brungardt. (5) . Nay: (0) . Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 93-9587, providing for the adoption and appropriation, by fund, of the budget of the City of Salina for the year beginning January 1 1994; and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year 1994. Commission — K,J,-, C, PA.t,AtsA�a��----- 93-331 93-332 93-333 93-334 93-335 Moved by Commissioner Beggs, seconded by Commissioner Divine that Ordinance Number 93-9587, providing for the adoption and appropriation, by fund, of the budget of the City of Salina for the year beginning January 1 1994; and appropriating money from the various funds to pay payrolls and claims against the City of Salina for the calendar year 1994, be adopted. Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5). Nay: (0). Motion adopted. (8.2) Second Reading Ordinance Number 93-9588, levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting thereon in the City of Salina, Kansas. Moved by Commissioner Divine, seconded by Commissioner Beggs that Ordinance Number 93-9588, levying special assessments against certain lots and pieces of property to pay the cost of cutting weeds on certain lots and parts of lots and the parkways abutting thereon in the City of Salina, Kansas, be adopted. Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5) . Nay: (0) . Motion adopted. (8.3) Second Reading Ordinance Number 93-9589, levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances, located on certain lots and parts of lots in the City of Salina, Kansas. Moved by Commissioner Maxwell, seconded by Commissioner Warner that Ordinance Number 93-9589, levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances, located on certain lots and parts of lots in the City of Salina, Kansas, be adopted. Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5). Nay: (0). Motion adopted. (8.4) Second Reading Ordinance Number 93-9590, levying special assessments against certain lots and pieces of property to pay the cost of demolition of unsafe structures located on certain lots and parts of lots in the City of Salina, Kansas. Moved by Commissioner Warner, seconded by Commissioner Divine that Ordinance Number 93-9590, levying special assessments against certain lots and pieces of property to pay the cost of demolition of unsafe structures located on certain lots and parts of lots in the City of Salina, Kansas, be adopted. Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5). Nay: (0). Motion adopted. OTHER BUSINESS (9.1) The Mayor, with the consent of the City Commissioners, called a special meeting of the Board for Friday, August 20, 1993, at 4:00 p.m. in the Municipal Court, Second Floor of the Police Administration Building, 255 North Tenth Street, to consider second reading of Ordinance Number 93-9571), authorizing issuance of Asbury Hospital Revenue Refunding Bonds. ADJOURNMENT Moved by Commissioner Warner, seconded by Commissioner Beggs that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0) . Motion adopted. The Meeting adjourned at 4:52 p.m. [SEAL] ATTEST: J04r .w�. Jacqueline Shiever, CMC City Clerk R-e� --I- dl Peter F. Brungardt, Mayor C nmmi s S ion _ K1h1 n41 t Baiina, Hans WAIVER AND CONSENT TO HOLD A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS We, the undersigned, being duly elected, qualified and acting Commissioners of the City of Salina, Kansas, and constituting a majority of the Board of Commissioners of the City of Salina, Kansas, do hereby waive notice and consent to the holding of a special meeting of the Board of Commissioners of the City of Salina, Kansas, on the 20th day of August, 1993, at 4:00 p.m., in the Municipal Court Room, Second Floor of the Police Administration Building, 255 North Tenth Street, for the purpose of action relating to the following: Second Reading Ordinance Number 93-9570, authorizing the City of Salina, Kansas, to issue its Hospital Revenue Refunding Bonds (Asbury -Salina Regional Medical Center, Inc. Project) Series 1993, for the purpose of refunding the City's outstanding Hospital Revenue Bonds (Asbury -Salina Regional Medical Center, Inc. Project), Series 1989, approving a Lease Agreement, a Bond Trust Indenture, an Escrow Trust Agreement, a Bond Purchase Agreement, a Preliminary Official Statement and an Official Statement and certain other matters related thereto. Dated this 16th day of August, 1993. Peter F. B ungardt, Mfiyor Carol E. Beggs, Commiss' oh Divine, Commissioner Evel Maxwell, Commissioner Josep A. Warner, Commissioner