07-06-1992 MinutesKinin-Gox Prir.�ing �Sali ��Hansas - --
92-24811
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JULY 6, 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 6, 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:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Mayor presented plaques of appreciation to Howard R. Allen,
past member of the Accessibility Advisory Board; Gary W. Rumsey, past
member of the Salina Airport Authority; Dana H. Nelson, past member of the
Housing Authority; Larry Mathews, past member of the Parks and Recreation
Advisory Board; Cheryl Deatherage and Albert Nelson, past members of the
Tree Advisory Board. The Mayor thanked them for their time and service to
the community.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting June 22, 1992.
(6.2) Set the date of July 28, 1992 as the date to receive bids for
Engineering Project 91-839, KSU-Salina North and South Boundary Road project.
(6.3) Approve Change Order No. 1 for the Ninth and Cloud Intersection
Improvements, Project No. 91-841, in the amount of $1,786.95.
Moved by Commissioner Ryan, seconded by Commissioner Brungardt j
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 92-6, filed by Bob Ott and Green Lantern, Inc., for the rezoning
of Lots 1, 3, 5, 7 and 9, Block 1, Bonds Addition, to District PC -5, be
approved.
(7. la) Petition Number 4042, filed by property owners within 200 feet of
the proposed rezoning, protesting the approval of the zoning request.
(Vnmmiccinn _ __
K�M1n-Cox ing - Sabin Nan --
92-2491
(7.1b) First Reading Ordinance Number 92-9514, providing for the
rezoning of certain property within the City of Salina.
Roy Dudark, Director of Planning and Community Development, said
three lots are presently zoned commercial and the application is to rezone two
additional lots from residential to commercial. He said the City Planning
Commission recommended approval of the rezoning, with certain conditions. He
reported the protest petition represents 51.5% of the surrounding property
owners and explained that if the City Commission wishes to approve or
disapprove the rezoning application it would require a 4/5 vote of the City
Commission. He explained the City Commission may return the matter to the
City Planning Commission with specific changes or modifications to consider.
The Commissioners and staff discussed the City's responsibility to the
adjacent Historic District and the size of the area currently zoned commercial.
Jim Maes, representing Green Lantern, reviewed a scale model of the
proposed development. He said the company has made concessions as to lighting
and noise which were concerns of the residents of the surrounding neighborhood
and asked for City Commission approval.
Bob Ott, property owner, reviewed the history of the property and
said it is his intent to clean the property up by developing it with a reputable
organization.
Howard Cowin, previously lived at 717 South Ninth which is one of
the lots proposed to be rezoned, said he supports the development at the corner
of Ninth and Crawford.
Larry Jordan, 714 Highland, presented a petition (later numbered
4043) signed by 562 people opposed to the rezoning of the two additional
residential lots to commercial.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the recommendation from the City Planning Commission be accepted, that
Zoning Application 92-6 be approved, 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 introduced for first reading. Mayor
Beggs called for a roll call vote. Aye: Brungardt, Ryan, Warner, Beggs. (4) .
Nay: Divine. (1) . Motion adopted.
Corrine Edwards, 912 South Tenth, asked that the appeal process from
the City Commission action be explained.
The Mayor declared a five minute recess in order to clear the room.
The Board of Commissioners recessed at 5:40 p.m. and reconvened at 5:45 p.m.
(7.2) Recommendation from the City Planning Commission that Plat
Application 91-2A, filed by John Heline, for the approval of the final plat of
Pheasant Ridge Addition, be approved.
Roy Dudark, Director of Planning and Community Development,
reviewed the plat application.
92-250 Moved by Commissioner Divine, seconded by Commissioner Ryan that
the recommendation of the City Planning Commission be accepted, that the final
plat of Pheasant Ridge Addition be approved, and that the Mayor be authorized
to sign the final plat. Aye: (5) . Nay: (0) . Motion adopted.
Terry Evans,
740
Highland; Jack Favre,
760 Highland; John Marietta,
767 South Santa Fe;
Tim
Randall, 659 South
Tenth; Connie Burket, 712
Highland;
Joyce Gorjiyan,
700 Highland; Wanda
McClellan, 649 South Ninth;
Jacqueline
Cairo, 707
Highland;
Tricia Kellogg,
14 Red Fox Lane; Norbert
Dreher, 717
Highland;
Lynn
Huncovsky, 760 South
Fifth; and Curtis Krob, 762
Highland,
spoke against
the
proposed development and
rezoning.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the recommendation from the City Planning Commission be accepted, that
Zoning Application 92-6 be approved, 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 introduced for first reading. Mayor
Beggs called for a roll call vote. Aye: Brungardt, Ryan, Warner, Beggs. (4) .
Nay: Divine. (1) . Motion adopted.
Corrine Edwards, 912 South Tenth, asked that the appeal process from
the City Commission action be explained.
The Mayor declared a five minute recess in order to clear the room.
The Board of Commissioners recessed at 5:40 p.m. and reconvened at 5:45 p.m.
(7.2) Recommendation from the City Planning Commission that Plat
Application 91-2A, filed by John Heline, for the approval of the final plat of
Pheasant Ridge Addition, be approved.
Roy Dudark, Director of Planning and Community Development,
reviewed the plat application.
92-250 Moved by Commissioner Divine, seconded by Commissioner Ryan that
the recommendation of the City Planning Commission be accepted, that the final
plat of Pheasant Ridge Addition be approved, and that the Mayor be authorized
to sign the final plat. Aye: (5) . Nay: (0) . Motion adopted.
92-251
92-252
92-2531
92-
(7.3) Second Reading Ordinance Number 91-9483, providing for the
annexation of certain land in Section 17, T 14 S, R 3 W, in conformity with the
provisions of K.S.A. 12-519 to 12-526, inclusive. (This ordinance annexes
Pheasant Ridge Addition and was introduced for first reading on December 2,
1991.)
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Ordinance Number 91-9483, providing for the annexation of certain land in
Section 17, Township 14 South, Range 3 West, in conformity with the provisions
of K.S.A. 12-519 to 12-526, inclusive, be adopted. Aye: Brungardt, Divine,
Ryan, Warner, Beggs. (5) . Nay: (0) . Motion adopted.
(7.4) Second Reading Ordinance Number 91-9482, 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. (This ordinance was introduced for first reading on December 2,
1991.)
Moved by Commissioner Ryan, seconded by Commissioner Warner that
Ordinance Number 91-9482, 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.
(7.5) Recommendation from the City Planning Commission that Planned
Development District Application 89-21), filed by Georgetown Village
Townhomes, Inc., for the rezoning of a tract located at the northeast corner
of Georgetown Road and Crawford Street, to PDD/R-3, be approved.
(Introduce Ordinance Number 92-9515 for first reading.)
Roy Dudark, Director of Planning and Community Development,
reviewed the Planned Development District application.
Moved by Commissioner Ryan, seconded by Commissioner Brungardt
that the recommendation of the City Planning Commission be accepted, that
Planned Development District Application 89-2D be approved, and 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 introduced for first
reading. Aye: (5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Resolution Number 92-4478, authorizing the Mayor to execute and the
City Clerk to attest a three -party agreement for construction engineering
services with Bucher, Willis & Ratliff Engineers and the Kansas Department of
Transportation in the amount of $205,580.00 for the Schilling/I-135 Interchange
Project, Number 135-85 K-3707-01.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the agreement.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 92-4478, authorizing the Mayor to execute and the City Clerk
to attest a three -party agreement for construction engineering services with
Bucher, Willis & Ratliff Engineers and the Kansas Department of Transportation
in the amount of $205,580.00 for the Schilling/I-135 Interchange Project, Number
135-85 K-3707-01, be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.2) Resolution Number 92-4479, amending Article 19 of the Personnel
Manual of the City of Salina, Kansas, adopted by Resolution Number 92-4444,
regarding drug and alcohol -free workplace; and repealing the existing article.
Mike Morgan, Assistant City Manager, reviewed the previous policy
established in 1988, and the changes proposed by this policy.
92-255
92-256
92-2571
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 92-4479, amending Article 19 of the Personnel Manual of
the City of Salina, Kansas, adopted by Resolution Number 92-4444, regarding
drug and alcohol -free workplace; and repealing the existing article, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.3) Consider a request from Ashby House for waiver of permit fees for
the homeless family shelter located at 150 South Eighth Street.
Roy Dudark, Director of Planning and Community Development,
reviewed the waivers previously approved by the City Commission.
Father Richard Hatfield spoke on behalf of Ashby House and asked for
favorable consideration by the Commissioners on the waiver.
Dennis M. Kissinger, City Manager, explained that the fees will be
paid by a grant from a special fund in the Commission budget.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the permit fees for the Ashby House, located at 150 South Eighth Street
be waived. Aye: (5) . Nay: (0) . Motion adopted.
(8.4) Report on bids received June 30, 1992 to replace the roof on the
Street Division building located at 412 East Ash. (Award the contract to
Serrault Roofing, Inc. in the amount of $19,298.00).
Frank Weinhold, Director of General Services, reported on the bids
received and recommended the contract be awarded to Serrault Roofing, Inc. of
Salina.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that the staff recommendation be accepted and that the contract be awarded to
Serrault Roofing, Inc. in the amount of $19,298.00. Aye: (5) . Nay: (0) .
Motion adopted.
(8.5) City Engineer reports on the sufficiency of Petition Number 4041 filed
by Ry -Co, Inc. for street and utility improvements to serve certain lots in
Austin Subdivision and files a feasibility report on the improvements.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reported that 100% of the property owners owning 100% of the property in the
benefit district, signed the petition and it is therefore a valid petition.
92-258 Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Petition 4041 be approved and that the feasibility report for street and
utility improvements in Austin Subdivision be accepted. Aye: (5) . Nay: (0) .
Motion adopted.
(8.6) Request for variance from construction prohibited in utility easement
at 2624 Deborah Drive.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the Ordinance adopted on December 9, 1991 prohibiting any
construction in easements and outlined the options available to the
Commissioners.
Alvie Furbeck, 2624 Deborah Drive, reviewed the history of his
request and asked for a variance from construction prohibited in the utility I
easement. I
92-25 Moved by Commissioner Divine, seconded by Commissioner Warner that
the request for variance from construction prohibited in utility easement at
2624 Deborah Drive, be denied. Aye: (5) . Nay: (0) . Motion adopted.
Kuhn -Cox P..n 1, � SIIIQa.Ka1111
OTHER BUSINESS
Dennis M. Kissinger, City Manager, said the City is proposing a
demonstration bikeway/walkway project on the flood dike south of Bill Burke
Park for approximately 100' . He said if this project proves successful, the
City will apply for federal funding to help finance 80% of the total project.
ADJOURNMENT
92-2601 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 7:06 p.m.
CarolBeggs, o
( SEAL)
ATTEST:
Jacgdeline Shiever, CMC
City Clerk