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02-23-2004 MinutesCommission Action #{ CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 23, 2004 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Housing Authority Update, Ohio Street Report (Iron to Greeley) and Legislative Report. 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) Resolution No. 04-6044 expressing gratitude and appreciation to Louis Baltazor for his employment with the City of Salina. 04-6294Moved by Commissioner Divine, seconded by Commissioner Marrs, to adopt Resolution No. 04-6044. Aye: (5). Nay: (0). Motion carried. Mayor Jilka noted that Mr. Baltazor was unable to attend the meeting and thanked him for his service. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on final site plan of a Hospice Center and on the street and drainage improvements of Holly Lane. (5.1a) Application #CU03-2, filed by Hospice of Salina, Inc., requesting a final site plan approval to allow construction of a Hospice Center in an R (Single -Family Residential) zoning district. (5.1b) Resolution No. 04-6048 on the advisability of street and drainage improvements of Holly Lane. (5.1c) Resolution No. 04-6049 authorizing the street and drainage improvements of Holly Lane. Mayor Jilka opened the public hearing. Dean Andrew, Director of Planning and Community Development, explained the application request and site plan. Mr. Andrew continued to explain that the Planning Commission held a public hearing on the request on July 15, 2003 and at that time the Planning Commission approved the applications with conditions. He also noted that a protest petition was filed and the protest was heard by the City Commission on August 18, 2003; at which time the City Commission Commission Action # voted 4-1 to concur with the findings of the Planning Commission and approved the applicant's request. A discussion followed between Commissioner Marrs, City Manager Dennis Kissinger, and Mr. Andrew pertaining to driveway entrances, emergency vehicles abilities to maneuver within the site, and the landscaping requirements. Dana Morse, 731 Holly Lane, questioned Mr. Andrew on the proposed signage. Mr. Morse also expressed his opposition on the dual driveway entrances. North McArthur, 746 Victoria Heights Terrace, commented on the number of living units and suites located in the proposed Hospice building. He also commented on the inadequacy of the water and sewer infrastructure. Mr. McArthur noted that Hospice is a good organization, but this is the wrong location for the facility. Mr. Andrew responded to questions from Commissioner Shadwick and Commissioner Marrs pertaining to signage, parking, and facility expansion. Jeff Gilliam, Architect representing Hospice of Salina, Inc., also responded to the Commissioners' concerns regarding parking. Mr. Gilliam also elaborated on the facility's need for the dual driveway. Shawn O'Leary, Director of Public Works explained the public improvements, benefit district, estimated cost of the project, and project financing. Mr. O'Leary continued to explain that the improvements were being initiated by the City in lieu of a petition voluntarily submitted by the property owners. Mr. Kissinger commented on the city's initiation of the project, design and benefit district. Mr. Kissinger then responded to Commissioner Divine pertaining to phasing of the project. Mr. Kissinger explained that he understood that the property owners south of the proposed benefit district were not interested in the public improvements at this time and staff were trying to accommodate those property owners without delaying the project. A discussion followed between Commissioner Webb, CommissMarrs, and Mr. Kissinger regarding isolation of the southern property owners and the possibility of vacating the remaining portion of Holly Lane. Mr. Kissinger clarified the possible assessments that may be incurred in Phase II of the project and public hearing requirements as requested by Commissioner Shadwick. A discussion followed between Commissioner Divine, Commissioner Marrs, Mr. O'Leary, and Mr. Kissinger regarding the protest period, water and sewer infrastructure, and system enhancement improvements. Dana Morse, 731 Holly Lane, commented that he was never asked if he wanted his property included in the benefit district of the project. He express concerns of leaving his property isolated; and also the dual driveways proposed by the Hospice site plan. Mr. Morse then responded to Commissioner Shadwick on his feelings of the project being done in phases and to Commissioner Webb on reasons for not wanting the dual driveway. Mike Flory, 814 Fairdale, owner of Lot 8, Block 2, Victoria Heights Addition, stated that he was never contacted regarding the public improvements and would like to see the remainder of Holly Lane be vacated. He had concerns regarding the southern lots being stranded without access. Mr. Flory responded to Commissioner Shadwick as to where the access would be located if the street was vacated. Mr. Kissinger noted that many property owners have hired Attorney Ken Wasserman as representation. Mr. Wasserman noted in conversation that none of the property owners south of the proposed benefit district were interested in the improvements at this time. Kim Fair, Hospice of Salina, Inc., stated that Hospice would be supportive of either extending or vacating the road. Commission Action # A discussion followed between Commissioner Webb, Mr. Kissinger, and Mr. O'Leary regarding private street standards. Mr. Gilliam commented that neighbors have had ample time to respond to the improvements and Hospice has worked closely with the property owners and urged the City Commission not to delay the site plan and improvements. Mr. Gilliam also responded to Mr. Morse's concerns pertaining to the dual driveway access. 04-6295 Moved by Commissioner Divine, seconded Commissioner Webb, to continue the public hearing on the site plan of a Hospice Center and street and drainage improvements of Holly Lane until March 22, 2004 and direct staff to work with property owners along Holly Lane on the possibility of including their properties into the benefit district of the project. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of February 9, 2004. (6.2) Award of contract to install an animal crematory at the Salina Animal Shelter with Busboom and Rauh, in the amount of $19,900 (Project No. 04-14_53). (6.3) Resolution No. 04-6051 authorizing a license agreement with Dr. Richard Bradbury to allow a roof canopy extension into the Wisconsin Avenue public right-of-way. 04-6296: Moved by Commissioner Shadwick, seconded by Commissioner Webb, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #P03 -9/9A, filed by Overland Ventures, L.L.C., requesting approval of a final plat of the Overland View Addition. Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission's recommendations and conditions. Mr. Andrew then responded to Commissioner Divine on the reserved lot on Ambassador Drive as a second means of street access to the site and the second means of emergency vehicle access being provided along the south side of the property from the Knox Sandpit ditch maintenance road. 04-6297 Moved by Commissioner Webb, seconded by Commissioner Shadwick, to approve Application #P03 -9/9A and authorize the Mayor to sign the plat and accept the offered easement right- of-way and restricted access dedications on behalf of the City. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) YWCA representatives to address the Commission in regards their facility on East Prescott Avenue. Jodie Rooney, YWCA Executive Director and Anne Nettleton, YWCA Board President, proposed that the City of Salina consider the purchase of the YWCA facility located 651 E. Prescott for use by the Salina Parks and Recreation Department. No action was taken. (8.2) Resolution No. 04-6050 appointing members to various boards and commissions. Mayor Jilka read the appointments. 04-6298Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt Resolution No. 04-6050. Aye: (5). Nay: (0). Motion carried. (8.3) Proposed removal of five signalized crosswalks. Brad Johnson, City Engineer, explained the USD 305 has closed several schools and reorganized the boundaries for the remaining elementary schools and five signalized crossings are not Commission Action # longer necessary. Mr. Johnson noted the location of the crossings on Cloud Street between Hageman and Ninth Street; Hagemen Avenue near Willis; Ninth Street between Bond and Franklin; Bond and Santa Fe; and Ninth Street between Woodland and Grand. 04-6299 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve the removal of the five signalized pedestrian crosswalks listed above. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS None. ADJOURNMENT 04-6300 Moved by Commissioner Webb, seconded by Commissioner Divine, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:04 p.m. Alan E. Jilka, ayor L [SEAL] ATTEST: Lieu Ann Elsey, City clerk