07-13-1992 Minutes92-261
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JULY 13, 1992
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, July 13, 1992, at 4:00 p.m.
There were present:
Mayor Carol E. Beggs, Chairman presiding
Commissioner Peter F. Brungardt
Commissioner John Divine
Commissioner Stephen C. Ryan
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
Absent:
None
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on 1992 CDBG Housing Rehabilitation Program.
Roy Dudark, Director of Planning and Community Development,
reviewed this program which assists low to moderate income households maintain
safe and decent housing.
Mayor Beggs declared the public hearing open.
There were no comments filed, written or oral, so the Mayor declared
the public hearing closed.
Moved by Commissioner Warner, seconded by Commissioner Ryan that
staff be directed to prepare an application for the 1992 CDBG Housing
Rehabilitation Program for consideration at the final hearing scheduled for
August 3, 1992. Aye: (5) . Nay: (0) . Motion adopted.
(5.2) Public Hearing required by Resolution Number 92-4471, on
Petition
Number 4036,
filed by Craig and Melody Hawkinson, for the vacation
of
the
south half of
the north -south alley between Minneapolis, Beloit, Santa
Fe
and
Fourth Streets
in the Grounds of Kansas Wesleyan University Addition
to
the
City of Salina,
Saline County, Kansas. (Introduce Ordinance 92-9516 for
first
reading.)
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the petition and recommended that the public hearing be continued
until next week because of questions regarding closure of the alley.
Mayor Beggs declared the public hearing open.
Craig Hawkinson, 115 Minneapolis, petitioner, said he has no plans for
the entrance of the alley, but plans to install a fence along the north end.
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Moved by Commissioner Ryan, seconded by Commissioner Warner that
the Public Hearing on the vacation of a portion of a certain north -south alley
between Santa Fe Avenue and Fourth Street and between Beloit and Minneapolis
Avenues in the Grounds of Kansas Wesleyan University Addition to the City of
Salina, Saline County, Kansas, be continued until July 20, 1992. Aye: (5) .
Nay: (0) . Motion adopted.
(5.3) Public Hearing required by Resolution Number 92-4472, on Petition
Number 4037, filed by Greg and Monica Woolsoncroft, for the vacation of a 10'
x 113' utility easement along the west side of Lot 1, Block 1, Replat of Lot 13,
Block 5 & Lots 24-26, Block 6, Meyer Addition in the City of Salina, Saline
County, Kansas. (Introduce Ordinance Number 92-9517 for first reading.)
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the petition. He said that although the request is to vacate 10' x
113', only 10' x 98' can practically be vacated due to the existence of a 15'
pedestrian and utility easement located on the south end of the 10' easement,
and recommended the vacation be approved.
Mayor Beggs declared the public hearing open.
Greg Woolsoncroft, 1410 Meyer Dr., petitioner, agreed to the reduced
easement vacation in order to maintain the 15' pedestrianway.
There were no other comments filed, written or oral, so the Mayor
declared the hearing closed.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that the recommendation of staff be accepted, that the vacating petition 4037 be
approved and that Ordinance Number 92-9517 providing for the vacation of a
portion of a certain utility easement along the west side of Lot 1, Block 1,
Replat of Lot 13, Block 5 and Lots 24 - 26, Block 6, Meyer Addition to the City
of Salina, Saline County, Kansas, be introduced for first reading. Aye: (5).
Nay: (0) . Motion adopted.
(5.4) Public Hearing required by Resolution Number 92-4474, on Petition
Number 4040, filed by Ry -Co, Inc., for the vacation of a portion of Claflin
Avenue in Austin Subdivision of the City of Salina, Saline County, Kansas.
(Introduce Ordinance Number 92-9518 for first reading.)
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the petition and recommended approval of the vacation request.
The Commissioners and staff discussed the feasibility of closing the
street and the impact of traffic on future development in the area.
Mayor Beggs declared the public hearing open.
There were no comments filed, written or oral, so the Mayor declared
the hearing closed.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that the recommendation of staff be accepted, that vacating petition 4040 be
approved and that Ordinance Number 92-9518 providing for the vacation of a
portion of Claflin Avenue in Austin Subdivision of the City of Salina, Saline
County, Kansas, be introduced for first reading. Aye: (5) . Nay: (0) . Motion
adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting July 6, 1992.
(6.2) Set the date of August 11, 1992 to receive bids for Engineering
Projects 91-848, 91-848A and 91-8449B, Interceptor Sewer Improvements.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion
adopted.
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None
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second Reading Ordinance Number 92-9514, 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 1, 3, 5, 7 and 9, Block 1, Bonds Addition to
District Planned Service Commercial District)
Roy Dudark, Director of Planning and Community Development,
reviewed the history of this project. He said any motion to approve the
ordinance should incorporate the recommendation and reasons cited by the City
Planning Commission, by reference.
Moved by Commissioner Divine that the second reading of Ordinance
Number 92-9514 be tabled for one week. The motion died for lack of a second.
Wanda McClellan, 649 South Ninth, presented an extended petition
(later numbered 4044) signed by approximately 247 people opposed to this
development. She said this development contains incongruities to the planning
regulations and asked the Commissioners to defeat the issue.
John Marietta, 760 South Santa Fe, reviewed the zoning of this area
and said the development does not conform with Salina's long-range goals. He
asked the Commissioners to table the issue in order to reach a compromise with
Green Lantern.
The Commissioners and staff discussed the placement of driveway
approaches and traffic impact to the development.
Sam Evans, 740 Highland; Thomas Covert, 941 South Ninth; and,
Ronald Williams, 149 Seitz Drive, spoke in opposition to the proposed
development.
Moved by Commissioner Divine that second reading of Ordinance
Number 92-9514 be tabled for one week. The motion died for lack of a second.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the reasons cited by the City Planning Commission to support the
recommendation be included in the minutes. Those reasons are: 1) The site is
suitable for commercial development; 2) There are adequate public facilities and
services available; and, 3) The use would not be an intrusion into the
neighborhood but rather an extension of an existing commercial area, and that
Ordinance Number 92-9514, 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:
Brungardt, Divine, Ryan, Warner, Beggs. (5). Nay: (0). Motion adopted.
Mayor Beggs declared a five minute recess to allow time for the room
to clear. The Board of Commissioners recessed at 5:28 p.m. and reconvened at
5:32 p.m.
(8.2) Second Reading Ordinance Number 92-9515, 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 a tract of land on Lot 7, Block 5, Replat of
Blocks 4, 10, 11, 12, Georgetown Addition to Planned Development District/R-3)
Moved by Commissioner Ryan, seconded by Commissioner Brungardt
that Ordinance Number 92-9515, 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: Brungardt, Divine, Ryan, Warner, Beggs. (5) . Nay: (0) .
Motion adopted.
Commission
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(8.3) First Reading Ordinance Number 92-9519, amending Sections 13-28,
13-101, 13-104, 13-112 and 13-114 of the Salina Code pertaining to equal
opportunity; and repealing the existing sections.
Greg Bengtson, City Attorney, reviewed the proposed changes based
upon the Department of Housing and Urban Development's review. He said the
changes are proposed in order to bring the Salina Code into conformance with
federal and state law.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 92-9519, amending Sections 13-28, 13-101, 13-104, 13-112 and
13-114 of the Salina Code pertaining to equal opportunity; and repealing the
existing sections, be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
(8.4) Resolution Number 92-4480, determining it necessary to acquire fee
simple title to certain real estate and permanent and temporary easement for the
use of the City of Salina, Kansas, for the purpose of the installation of the
East Dry Creek Interceptor Sewer.
Greg Bengtson, City Attorney, reviewed the project and said this
Resolution starts the condemnation proceedings on the Interceptor Sewer project.
Moved by Commissioner Ryan, seconded by Commissioner Divine that
Resolution Number 92-4480, determining it necessary to acquire fee simple title
to certain real estate and permanent and temporary easement for the use of the
City of Salina, Kansas, for the purpose of the installation of the East Dry
Creek Interceptor Sewer, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.5)
Report
on bids received July 7, 1992 for metal roof on the utility
building
located
at 412 East Ash. (Award the contract to Salina
Building
Systems,
Inc. in
the amount of $22,502.00.)
Frank
Weinhold, Director of General Services, reviewed
the bid
received
and recommended
the contract be awarded to Salina Building
Systems,
Inc.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that the staff recommendation be accepted and that the contract for the metal
roof on the utility building located at 412 East Ash be awarded to Salina
Building Systems, Inc. in the amount of $22,502.00. Aye: (5). Nay: (0).
Motion adopted.
(8.6) Resolution Number 92-4481, determining the advisability of certain
curbing, guttering, paving, grading, sanitary sewer and water main
improvements in Austin Subdivision, 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. (Improvements
requested in Petition Number 4041, filed by Ry -Co, Inc.)
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Resolution Number 92-4481, determining the advisability of certain curbing,
guttering, paving, grading, sanitary sewer and water main improvements in
Austin Subdivision, 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.
None
OTHER BUSINESS
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ADJOURNMENT
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the Regular Meeting of the Board of Commissioners be adjourned. Aye:
(5) . Nay: (0) . Motion adopted. The meeting adjourned at 5:46 p.m.
V�
Carol E. Beggs, Mayor
( SEAL)
ATTEST:
J
11"41,.'L- ,.. S �" w
Jacqueline Shiever, CMC
City Clerk