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10-22-1990 MinutesAction 90-392 90-393 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 22, 1990 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, October 22, 1990, at 4:00 p.m. There were present: Mayor Robert E. Frank, Chairman presiding Commissioner Carol E. Beggs 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: Commissioner John Divine None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Week of October 20 through 28, 1990 as "NATIONAL RED RIBBON WEEK." The proclamation was read by Cynthia Smith, North Central Kansas Regional Prevention Center Coordinator. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Continuation of the public hearing commenced October 15, 1990 for the vacation of Johnstown Avenue from Oakdale Avenue to Penn Avenue. (5.1a) Accept the letter of withdrawal from St. John's Hospital. (5.1b) Close the public hearing. Mayor Frank declared the public hearing open. Commissioner Warner announced he would abstain from discussion and voting as the matter involves his employer. There were no comments, written or oral, filed. Mayor Frank declared the public hearing closed. Moved by Commissioner Ryan, seconded by Commissioner Beggs that that the letter of withdrawal from St. John's Hospital, be accepted. Aye: Beggs, Ryan, Frank (3) . Nay: (0) . Commissioner Warner abstained. Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting October 15, 1990. Moved by Commissioner Warner, seconded by Commissioner Ryan that the Consent Agenda item be approved. Aye: (4). Nay: (0). Motion adopted. Action 411mkm DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Conditional Use Application 90-7, filed by Dr. George Marshall, for a conditional use permit to allow a medical office and accessory off-street parking in an R-3 (Multi -family Residential) district on Lots 26, 28 and the North 35' of Lot 30, Block 2, Santa Fe Park Addition, be approved. (7.1a) Protest Petition Number 3999 was filed by property owners within 200 feet of property described in Conditional Use Application 90-7. Roy Dudark, Director of Planning and Community Development, reviewed the Conditional Use Application. He said a 4/5 vote of the City Commission is required to approve the Conditional Use permit as protest petition 3999 represents 40% of the property owners within 200 feet of the proposed property. He explained the City Planning Commission approved a motion 9-0 to approve the application subject to three conditions: (1) no expansion of the building, (2) no parking stalls be extended into the front yard setback area, (3) one unlighted ground sign and one wall sign be permitted. Divine absent. Dr. Boo Hodges, 100 Mount Barbara, one of the applicants, asked for approval of the Conditional Use Permit. He said he is willing to do what is acceptable to the neighborhood. Twila Schneiders, 626 South Santa Fe; Connie Sink, 660 South Santa Fe; John Marrietta, 760 South Santa Fe; Nancy Klostermeyer, 656 South Santa Fe; Ken Klostermeyer, 656 South Santa Fe; Joyce Marrs, 666 South Santa Fe; expressed their concerns about business ventures being permitted in the middle a single family residential district, the maintenance of the historical significance of the 600 block of South Santa Fe. They asked that action be taken today to stop commercial development south of the present commercial establishments, that lines be drawn on the Future Land Use map to prohibit any further commercial development in the 600, 700, 800, 900 blocks of South Santa Fe and asked that the Conditional Use Permit be denied. They asked for strong support from the City Commission and City Planning Commission to protect the historic South Santa Fe neighborhoods. They asked that Conditional Uses in the R-3 district be changed to exclude armories, hospitals and professional offices. They asked that if the Conditional Use Permit is approved the landscaping plan be expanded to include 7 large trees in front of the building, that the parking lot elevation be lowered to be less intrusive, that a berm and additional landscaping be established between the sidewalk and the parking lot, that instead of a 6' solid wood fence a wrought iron fence be substituted to blend better with the neighborhood. Jim Ravenkamp, 652 South Santa Fe; Glenn Davis, 659 South Santa Fe, said they are not opposed to the Conditional Use permit. John Heline, 2065 Leland Way, said the property is zoned R-3 which would allow 27-28 apartments which would require much more parking area than a doctors office. He said there were no dissenting votes by the City Planning Commission and asked for City Commission approval. Ken Bieberly, Architect, 227 North Santa Fe, discussed the possible solutions to neighborhood concerns. ADMINISTRATION (8.1) Second Reading Ordinance Number 90-9413, levying an additional one-half cent Retailers Sales Tax beginning January 1, 1990 and ending December 31, 1992. Moved by Commissioner Ryan, seconded by Commissioner Beggs that the unanimous recommendation of the City Planning Commission be accepted and that Conditional Use Application 90-7 be approved with amendments: (a) lower the parking lot as is practicable; (b) plant four trees in the front yard setback; (c) install a general landscaped buffer in the front yard setback and (d) add the option of decorative metal fencing along the side lot lines, be approved. Aye: (4) . Nay: (0) . Commissioner Divine absent. Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 90-9413, levying an additional one-half cent Retailers Sales Tax beginning January 1, 1990 and ending December 31, 1992. Action 90-395 90-396 90-397 90-398 90-399 90-400 Gerald Cook, President of the Salina Area Chamber of Commerce, asked that the ordinance be adopted. He said meetings regarding the merger of the two schools have begun and that construction will begin next year. Moved by Commissioner Warner, seconded by Commissioner Beggs that Ordinance Number 90-9413, levying an additional one-half cent Retailers Sales Tax beginning January 1, 1991 and ending December 31, 1992, be adopted. Aye: Beggs, Ryan, Warner, Frank. (4) . Nay: (0) . Commissioner Divine absent. Motion adopted. (8.2) First Reading Ordinance Number 90-9414, amending Section 38-1 of the Salina Code regulating traffic within the corporate limits of the City of Salina, Kansas; incorporating by reference the "Standard Traffic Ordinance for Kansas Cities," Edition of 1990, and repealing the existing section. Moved by Commissioner Beggs, seconded by Commissioner Warner that Ordinance Number 90-9414, amending Section 38.1 of the Salina Code regulating traffic within the corporate limits of the City of Salina, Kansas; incorporating by reference the "Standard Traffic Ordinance for Kansas Cities," Edition of 1990, and repealing the existing section, be introduced for first reading. Aye: (4). Nay: (0) . Motion adopted. (8.3) Report on bids received October 18, 1990 for the sale of an IBM AS/400 computer. [Award the sale of the system to Norwest Computer Company, Inc. for $147,275.00.] Mary Kindlesparger, Data Processing Manager, reported on the bids received and asked the City Commission to accept the bid of Norwest Computer Company, Inc. Moved by Commissioner Ryan, seconded by Commissioner Warner that the sale of the IBM AS/400 computer be awarded to Norwest Computer Company, Inc. in the amount of $147,275.00. Aye: (4). Nay: (0). Motion adopted. (8.4) Resolution Number 90-4242, adopting a policy regarding volunteer citizen boards, commissions and committees of the City of Salina; amending Section 2(c) of Resolution 90-4160 and repealing the existing Resolution Number 90-4160. [Changes Salina Business Improvement District Advisory Board to an August appointment. ] Moved by Commissioner Warner, seconded by Commissioner Ryan that Resolution Number 90-4242, adopting a policy regarding volunteer citizen boards, commissions and committees of the City of Salina; amending Section 2(c) of Resolution 90-4160 and repealing the existing Resolution Number 90-4160, be adopted. Aye: (4) . Nay: (0) . Motion adopted. (8.5) Resolution Number 90-4243, appointing members to the Salina Business Improvement District Number 1 Advisory Board and the Salina Business Improvement District Number 1 Design Review Board. Moved by Commissioner Ryan, seconded by Commissioner Warner that Resolution Number 90-4243, appointing members to the Salina Business Improvement District Number 1 Advisory Board and the Salina Business Improvement District Number 1 Design Review Board, be adopted. Aye: (4) . Nay: (0) . Motion adopted. Dennis Kissinger asked the City Commission to consider Ordinance Number 90-9415 as Item 8.7 at this time as it relates to the Business Improvement District. Moved by Commissioner Warner, seconded by Commissioner Ryan that Ordinance Number 90-9415, levying the annual Business Improvement District Service Fees for 1991 applicable to all businesses located within the Salina Business Improvement District Number 1 and repealing Ordinance Number 90-9368, be added to the agenda for consideration. Aye: (4). Nay: (0). Motion adopted. Action 90-401 90-402 90-403 Judy Ewalt, Salina Downtown, Inc. Coordinator, gave the Commissioners a report and reviewed the rates to be charged in 1991 and explained there is a slight increase in the rates of each area. Larry Dunlap, Chairman of the Salina Business Improvement District Board of Advisors, reviewed the Business Improvement District budget for 1991. Moved by Commissioner Beggs, seconded by Commissioner Ryan that Ordinance Number 90-9415, levying the annual Business Improvement District Service Fees for 1991 applicable to all businesses located within the Salina Business Improvement District Number 1 and repealing Ordinance Number 90-9368, be introduced for first reading. Aye: (4). Nay: (0). Motion adopted. (8.6) Resolution Number 90-4244, establishing after regular business hours charges to establish water service under a new account or reestablish service after shut off for nonpayment. Robert Biles, Director of Finance and Administration, reviewed the changes, explained the new procedure and asked for City Commission approval. Moved by Commissioner Ryan, seconded by Commissioner Warner that Resolution Number 90-4244, establishing after regular business hours charges to establish water service under a new account or reestablish service after shut off for nonpayment, be adopted. Aye: (4). Nay: (0). Motion adopted. Ernest Cole, 153 South Front, expressed his concern about an additional $25 charge for reestablishment of service for nonpayment of a bill. Dennis Kissinger, City Manager, explained there would only be a charge if the person demanded reestablishment of service after regular business hours. OTHER BUSINESS Mayor Frank thanked the Boy Scouts for being present and their work collecting food for the Food Bank. Mayor Frank announced there will not be a City Commission meeting on October 29, 1990 because it is a fifth Monday. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Beggs that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4) . Nay: (0). Motion adopted. The meetin10 ned at 6:25 p191- . ober E. Fran , Mayor [SEAL] ATTEST: LX -A- � S Anw w e.k.) JacquLne Shiever, City Clerk