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10-20-2003 MinutesCommission Action # 03-61481 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 20, 2003 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Gang, Issues Overview and Marymount/Cedar Ridge/RiverRun Project Briefing. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. There were present: Mayor Alan E. Jilka, Chairman presiding Commissioner Deborah P. Divine Commissioner Donnie D. Marrs Commissioner Monte D. Shadwick Commissioner Paul G. Webb comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of October 19 — 25, 2003 as "Little Kids, Big Plans Week" in the City of Salina. Peggy Graves, Childcare Resource & Referral Director, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of October 6, 2003. (6.2) Authorize purchase of a high pressure air breathing cascade and containment system from Air and Fire Systems in the amount of $15,806. Moved by Commissioner Divine, seconded by Commissioner Marrs, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z03-12, filed by South Ohio Land, L.L.C., requesting a change in zoning district classification from Saline County AG (Agricultural) to Planned C-5 (Service Commercial), Planned C-6 (Heavy Commercial) and I-2 (Light Industrial) to allow development of a 19 lot business park on a 135 acre tract located at the southwest corner of Ohio Street and Schilling Road. (7.1a) First reading Ordinance No. 03-10168 Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission's original recommendation. Mr. Andrew continued to explain that the City Commission first considered this request on September 22, 2003 and the City Commission did not concur with the Planning Commission's recommendation of C-5 zoning without use limitation Commission Action # 03-614 03-6150 03-6151 03-615 on the four lots adjacent to Schilling Road. Mr. Andrew summarized that the Planning Commission reconsidered Application No. Z03-12; the revised Planning Commission's recommendation for Lot 1, Block 1, Lot 1, Block 2 and Lots 1 and 2, Block 3 to approve PC -5 zoning and deleting specific uses listed in the C-5 district and limiting outdoor display and storage. A discussion followed between the City Commission and Mr. Andrew regarding the amendment to the Comprehensive Plan, PC -2 zoning, future land use, and sub -section (a) of Section 1 of the ordinance pertaining to the demonstrated need for new developable land within the planning area. Mr. Andrew then responded to Commissioner Divine's questions regarding the difference between C-5 and C-6 zoning districts. James Hall, representing South Ohio Land, L.L.C., thanked staff for their work and made himself available for any further questions. Moved by Commissioner Shadwick, seconded by Commissioner Webb, to concur with the Planning Commission's recommendation for the PC -5 zoning for those lots, deleting specific uses listed in the C-5 and limiting outdoor display and storage on those four lots, include all proposed zoning changes specially PC -5, PC -6 and I-2 in the various areas in the subdivision and pass Ordinance No. 03-10168 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Charter Ordinance No. 33 exempting the City of Salina from the provisions of K.S.A. 13-1024a pertaining to general improvements and the issuance of bonds and repealing Charter Ordinance Nos. 31 and 32. Lieu Ann Elsey, City Clerk, explained that Charter Ordinance No. 33 was advanced to second reading on October 6, 2003 and since that time no comments have been received. Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Charter Ordinance No. 33 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.2) First reading Ordinance No. 03-10171 amending Chapter 41 of the Salina Code by repealing Sections 41-74, 41-75, and 41-76 pertaining to the East Dry Creek Interceptor Capital Recovery Charge. Dennis Kissinger, City Manager, explained that the East Dry Creek Interceptor enabled the City to remove the Schilling Plant by transfer of the Airport Industrial Center's waste to the main plant. The new interceptor allowed transfer of sewage flows from areas served by two other interceptor sewers in the south and east areas of the City which were nearing capacity. Mr. Kissinger continued to explain that in 1994 staff recommended that a capital cost recovery surcharge be put in place to help offset the impact of revenue bond payments on the wastewater user fee system. Staff had analyzed the administrative burden and requirements of the cost recovery charge, and found this to be complex and time consuming with many difficulties. Mr. Kissinger then responded to Commissioner Divine clarifying that the charge is an on- going process and did not suspect the change would have an impact on other assessments. Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to pass Ordinance No. 03-10171 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) Authorize purchase of additional New World Software for Municipal Court, Fire Department and Police Department. Jack Rolfs, Director of Computer Technology, explained the alarm tracking and billing, document/photo imaging, briefing notes, and CAD to Firehouse Interface software, and funding of the purchase. Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize the purchase of the Alarm Tracking, unlimited Imaging licenses, and training/travel from New World Systems for the Police Department in the amount of $18,500, the CAD to Firehouse software for the Fire Department in the amount $6,000 and concur with staff's recommendation to purchase the Commission Action # 03-6153 03-61 03-6155 Briefing Notes software with 911 funds at a cost of $5,000. Aye: (5). Nay: (0). Motion carried. (8.4) Authorizing an engineering agreement for Street and Utility Improvements on South Ohio Street, Project No. 03-1402. Shawn O'Leary, Director of Engineering and General Services, explained that in May of 1999, the City of Salina identified a four-phase infrastructure program for street and drainage improvements near the vicinity of South Ohio Street and Magnolia Road. Mr. O'Leary continued to explained the need for infrastructure improvements and that the associated engineering services agreement has been resurrected due to the following recent occurrences: 1. In July 2003, KDOT notified the City of a grant award of $2.4 million for transportation improvements on South Ohio Street from Magnolia Road to Schilling Road. 2. In September 2003, the proposed apartment complex called "The Reserves at Prairie Glen" received approval of nearly $2.5 million in tax. credit financing from the Kansas Housing Resources Corporation. 3. The platting and zoning of the 135 -acre Liberty Addition No. 2 commercial and industrial subdivision at Ohio/Schilling is expected to be completed by the end of 2003. Mr. O'Leary continued to explain that staff negotiated a new engineering agreement with Wilson & Company rather than modifying the existing engineering agreement. Mr. O'Leary then outlined the proposed agreement and responded to Commissioner Marrs regarding the 90 -day deadline. Moved by Commissioner Shadwick, seconded by Commissioner :Marrs, to approve the engineering agreement for Street and Utility Improvements on South Ohio Street, Project No. 03-1402, with Wilson & Company in an amount not to exceed $83,882. Aye: (5). Nay: (0). Motion carried. (8.5) Second reading Ordinance No. 03-10170 providing for the vacation of a portion of a public utility easement at the vacated Scanlan Avenue between Schilling Road and the vacated Jumper Road in the Airport Industrial Area. Lieu Ann Nicola, City Clerk, explained that Ordinance No. 03-10170 was passed on first reading on October 6, 2003 and since that time no comments have been received. Satisfactory agreements between petitioner and Southwestern Bell and the City of Salina were reached. Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance No. 03-10170 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Marrs, seconded by Commissioner Webb, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:47 p.m. Alan E. Jilka,ayor [SEAL] TEST- Lie ST• Lieu Ann Elsey, City C erk