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06-18-1990 MinutesAction 90-205 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JUNE 18, 1990 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, June 18, 1990, at 4:00 p.m. There were present: Mayor Robert E. Frank, Chairman presiding Commissioner Carol E. Beggs 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 performance of CDBG Housing Rehabilitation Project 88 -HR -027. Mayor Frank declared the public hearing open. There were no comments, written or oral filed, so the Mayor declared the public hearing closed. Roy Dudark, Director of Planning and Community, reviewed the requirement of the housing rehabilitation grant program to give the public the opportunity to comment on the City's performance regarding the program. Moved by Commissioner Warner, seconded by Commissioner Divine that staff be directed to complete the project close-out. Aye: (5). Nay: (0). Motion adopted. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting June 11 , 1990. (6.2) Set the date of July 5, 1990 to receive bids for Engineering Project 90-806 for Latex Modified Slurry Seal improvements. (6.3) Set the date of July 10, 1990 to receive bids for Bicentennial Center Roof project. Mayor Frank asked Shawn O'Leary for a report on Engineering Project 90-806 for Latex Modified Slurry Seal. Shawn O'Leary, Assistant City Engineer, said he comes here from the City of Ames, Iowa, and that he will manage the Engineering Department and capital improvement projects. Action 90-206 90-207 90-208 90-209 Moved by Commissioner Ryan, seconded by Commissioner Beggs that all items on the consent agenda be approved, with the addition to the minutes that Bill Nelson spoke at the Citizen's Forum portion of the meeting. Aye: (5). Nay: (0). Motion adopted. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 90-12, filed by the City Planning Commission, for amending of Article IX, regarding the Heritage Conservation District, be approved. [Introduce Ordinance Number 90-9387 for first reading.] Roy Dudark, Director of Planning and Community Development, reviewed the application and amendments regarding the Heritage Conservation District. Moved by Commissioner Divine, seconded by Commissioner Beggs that the recommendation of the City Planning Commission be accepted, that Zoning Application 90-12 be approved and that Ordinance Number 90-9387, providing for the amendment of Article IX of Chapter 42 of the Salina Code regarding the Heritage Conservation District and repealing the existing article, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. (7.2) Recommendation from the City Planning Commission that Zoning Application 90-13, filed by George William Roenne, Jr. for the rezoning of Lots 11 and 12 and the West 30' of Lots 1 and 2, Block 13, Mayfair Addition to District PC -1, be approved. [Introduce Ordinance Number 90-9388 for first reading. ] Roy Dudark, Director of Planning and Community Development, reviewed the application and recommendation. Moved by Commissioner Warner, seconded by Commissioner Ryan that the recommendation of the City Planning Commission be accepted, that Zoning Application 90-13 be approved and that Ordinance Number 90-9388, 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 Zoning Application 90-14, filed by James Jarvis for the rezoning of Lots 13 and 14, Block 2, Holiday Addition to District C-5 (Service Commercial), be approved. [ Introduce Ordinance Number 90-9389 for first reading.] Roy Dudark, Director of Planning and Community Development, reviewed the application and recommendation. Moved by Commissioner Ryan, seconded by Commissioner Beggs that the recommendation of the City Planning Commission be accepted, that Zoning Application 90-14 be approved and that Ordinance Number 90-9389, 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. (7.4) Recommendation from the City Planning Commission that Zoning Application 90-10, filed by Keith and Janice Olson, for the rezoning of Lot 2, Block 1 , Worsley Addition to District C-2, (Neighborhood Shopping Center) , be approved. [introduce Ordinance Number 90-9390 for first reading.] Roy Dudark, Director of Planning and Community Development, reviewed the application, recommendation and the protest petition filed that morning representing 62% of the property owners within 200' of the proposed area. He explained that approval of the zoning application will require a 4/5 vote of the City Commission. Action 90-210 90-211 90-212 90-213 Mary Jane Hendrix, 458 Maple, filed the protest petition that morning. She said the petition represents the majority of the surrounding property and that the neighbors don't want a shopping center in this area. She asked the City Commission to deny the rezoning request. Jack Stewart, attorney for the applicant, discussed the history of the property and stated that his client wishes to develop his property. He explained that C-2 is the district which will cause the least impact on the neighborhood and asked the City Commission to approve the zoning request. Don Hoff, City Engineer and Director of Utilities, discussed the required distance for access driveways on this property. Moved by Commissioner Ryan, seconded by Commissioner Warner that the recommendation of the City Planning Commission be accepted, that Zoning Application 90-10 be approved and that Ordinance Number 90-9390, 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 Frank called for a roll call vote on Commission Action 90-210. Aye: Beggs, Ryan, Warner, Frank. (4) . Nay: Divine. (1) . Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance 90-9386, providing for the amendment of Sections 36-3, 36-28, 36-36, 36-71, 36-91, 36-92 of the Salina Code regarding land surveying practices of the subdivision regulations of the City of Salina, Kansas and repealing the existing sections. Moved by Commissioner Warner, seconded by Commissioner Divine that Ordinance Number 90-9386, providing for the amendment of Sections 36-3, 36-28, 36-36, 36-71, 36-91, 36-92 of the Salina Code regarding land surveying practices of the subdivision regulations of the City of Salina, Kansas and repealing the existing sections, be adopted. Aye: Beggs, Divine, Ryan, Warner, Frank. (5) . Nay: (0) . Motion adopted. (8.2) Report on bids received June 12, 1990 for Engineering Project 90-803 for West Crawford Street Improvements between Broadway Boulevard and Shady Bend Drive. [Award the contract to Wilson Constructors, Inc. in the amount of $1,096,050.00.1 Don Hoff, City Engineer and Director of Utilities, reviewed the bids and recommended the contract be awarded to Wilson Constructors, Inc.. Moved by Commissioner Ryan, seconded by Commissioner Warner that the recommendation of the City Engineer be accepted and the contract awarded to Wilson Constructors, Inc. in the amount of $1,096,050.00. Aye: (5) . Nay: (0) . Motion adopted. (8.3) Presentation by George K. Baum and Company regarding the 1990 Water and Sewerage System Refunding Revenue Bonds. Bob Biles, Director of Finance, introduced Roger Edgar of George K. Baum and Company. Roger Edgar, Vice President of George K. Baum and Company, discussed the proposed 1990 Water and Sewerage System Refunding Revenue Bonds. He discussed the anticipated interest rate, the reconfirmed A rating by Moody's Investors Service and the proposed time schedule to sell the bonds. Moved by Commissioner Divine, seconded by Commissioner Warner that George K. Baum & Company be authorized to proceed with a non-binding pre -offering of the bonds and that George K. Baum & Company be authorized to report the results of the pre -offering on June 25th or July 2nd as appropriate. Aye: (5) . Nay: (0) . Motion adopted. Action 90-214 90-215 90-216 90-217 90-218 90-219 Moved by Commissioner Divine, seconded by Commissioner Ryan that the Mayor be authorized to sign bond documents relating to the 1990 Series A and B Water and Sewer Revenue Bonds. Aye: (5) . Nay: (0) . Motion adopted. (8.4) Resolution Number 90-4198, authorizing the Mayor and City Clerk to execute a cooperation agreement with Cowley and Shawnee Counties to provide the availability of the GNMA collateralized mortgage revenue bonds to qualified citizens within Salina. Bob Biles, Director of Finance, discussed the invitation for Salina to cooperate in the Cowley and Shawnee Counties mortgage revenue bonds. Roger Edgar, Vice President of George K. Baum and Company, discussed the mortgage pool for first-time home buyers and noted that the funds will be available on a first-come first-served basis. Moved by Commissioner Ryan, seconded by Commissioner Warner that Resolution Number 90-4198, authorizing the Mayor and City Clerk to execute a cooperation agreement with Cowley and Shawnee Counties to provide the availability of the GNMA collateralized mortgage revenue bonds to qualified citizens within Salina, be adopted. Aye: (5) . Nay: (0) . Motion adopted. Dennis Kissinger, City Manager asked the Commissioners to consider item 8.5 after Other Business. OTHER BUSINESS (9.1) A petition was filed by Randall R. Sterrett, 721 North Seventh, regarding a violation notice and warning he received from the Animal Control Department and asking permission to keep a goat within the city limits. Moved by Commissioner Ryan, seconded by Commissioner Warner that the matter be added to the agenda for consideration. Aye: (5) . Nay: (0) . Motion adopted. Moved by Commissioner Ryan, seconded by Commissioner Warner that the petition filed by Randall Sterrett be received. [The petition was later numbered 3991.1 Aye: (5) . Nay: (0) . Motion adopted. Robert Marietta, attorney for Randy Sterrett, reviewed the circumstances which resulted in Mr. Sterrett receiving a citation for keeping a goat within the city limits. He asked that the City Commission consider authorizing a special permit, in the same manner as riding horses and bees are authorized, for keeping pet goats in designated areas. Mr. Sterrett said the petition was signed by every neighbor near his property and that they have no objections to the goat. He said there has been no complaint and he would like to legally keep the goat. Dennis Kissinger, City Manager, outlined the three options available for City Commission consideration: 1) not to regulate livestock in the City limits, 2) regulate but not prohibit livestock in the City limits, 3) prohibit livestock entirely. Moved by Commissioner Beggs, seconded by Commissioner Ryan that the City Manager be instructed to formulate some system of variance by staff and the Health Department to make it workable and to bring a recommendation back to the City Commission for consideration. Aye: Beggs, Frank, Ryan. (3). Nay: Divine, Warner (2). Motion adopted. (9.2) The City Manager asked the City Commission to discuss an option to acquire certain land. Moved by Commissioner Beggs, seconded by Commissioner Ryan that the matter of acquisition of land be added to the agenda for consideration. Aye: (5) . Nay: (0) . Motion adopted. Action 90-220 90-221 90-222 90-223 Roy Dudark, Director of Planning and Community Development, reviewed the history of the possible acquisition for $26,500 of a certain unplatted tract of land east of Meyer Addition to be used as a neighborhood park. The City could then sell the platted lots presently reserved for the proposed neighborhood park. Greg Bengtson, City Attorney, reviewed the Agreement for Option to Purchase. Moved by Commissioner Beggs, seconded by Commissioner Ryan that the Mayor be authorized and the City Clerk to attest an agreement at a cost of $500 for an option to purchase an approximate 5 acre tract located adjacent to and immediately east of Meyer Addition for a purchase price of $26,500. Aye: (5) . Nay: (0) . Motion adopted. (8.5) Request for executive session to discuss a legal matter. Moved by Commissioner Warner, seconded by Commissioner Ryan that the City Commission recess into executive session for the purpose of discussing a matter subject to the attorney client privilege for the reason that public discussion of the matter may adversely affect the position of the city in the matter and reconvene in this room in 15 minutes or at 6:46 p.m. Aye: (5) . Nay: (0) . Motion adopted. The Commission recessed at 6:31 p.m. and reconvened at 6:44 p.m. Greg Bengtson, City Attorney, reviewed the matter of recovery of the cost of restoring the statue in Oakdale Park struck by a vehicle. He explained that they have made demands and that the next step is to file suit to recover the cost of restoring the statue. Moved by Commissioner Warner, seconded by Commissioner Divine that the City Attorney be authorized to file suit in the Saline County District Court to recover the cost of restoration of the Oakdale Park statue damaged by an automobile in the early morning hours of June 27, 1989. Aye: (5) . Nay: (0) . Motion adopted. Mayor Frank announced that the Commissioners will meet on June 21, 1990 at the Bicentennial Center for a Goal Setting Workshop. Commissioner Divine announced that some of the Commissioners will meet Thursday morning at a Chamber of Commerce breakfast. ADJOURNMENT Moved by Commissioner Ryan, seconded by Commissioner Beggs that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion adopted. The meeti 'ourne4at6: p.m. Robert E. Frank [SEAL] ATTEST: vw� J�iww Jacqueline Shiever, City Clerk