Loading...
12-17-2001 MinutesCommission Action # 01-31: CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 17, 2001 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss miscellaneous staff reports and met after the regular meeting to discuss the South Ninth Project Aesthetics and Public Art. 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 Kristin M. Seaton, Chairman presiding Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner Monte D. Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk None. Mayor Seaton expressed the Commission's sympathy for the loss of Commissioner Larry L. Mathews and the appreciation of knowing and working with him. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution No. 01-5780 expressing gratitude and appreciation to Martha Rhea for her employment with the City of Salina from December 23, 1979 to January 2, 2002. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Resolution No. 01-5780. Aye: (4). Nay: (0). Motion carried. Mayor Seaton presented a plaque to Martha Rhea. Ms. Rhea expressed her gratitude to the Commission and City Staff. (4.2) The presentation of plaques of appreciation to past Employee Council members by the Mayor. Mayor Seaton thanked Council members for their work and presented plaques to Penny Day, Finance and Administration Department, Todd Falcon, Utilities Department, Brenda Landis, Municipal Court, James Meyer, Bicentennial Center, and Sandee Stainbrook, Engineering and General Services Department. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Continued public hearing to consider the vacation of an existing alley and a section of the Pine Street right-of-way. The public hearing was continued from the November 19, 2001 meeting. Shawn O'Leary, Director of Engineering and General Services, explained the request and the reason for the continued public hearing. Mr. O'Leary also explained the protest that was filed prior to the Commission meeting. Commission Action # �o�odaadsa,�e Greg Bengtson, City Attorney, explained the state statute upon request by Commissioner Shadwick. Marc Berry, representing Salina Iron & Metal, expressed their understanding towards the continued public hearing and the statute, and requested an extension to be able to work out an agreement with the property owner who filed the petition. Dennis Kissinger, City Manager, explained that City Staff was uncertain if they supported the vacation and recommended that the public hearing be closed. A discussion followed between Commissioner Shadwick, Mr. O'Leary, and Mr. Kissinger regarding property owners' and City Staffs' concerns pertaining to the vacation. Mr. Berry explained their frustration and reason for needing the vacation. There being no further comments, the hearing was closed. CONSENT AGENDA (6.1) Approve the minutes of December 10, 2001. (6.2) Resolution No. 01-5790 describing the corporate limits of the City of Salina. (6.3) Approval of 2002 Vehicle and Equipment Plan and authorization to seek bids. (6.4) Approve Change Order No. 1 for the South Marymount Road Improvements, Project No. 01-1274 with APAC-Kansas, Inc., Shears Division in the amount of $14,151.72. Commissioner Jilka requested to amend Section 8.8 of the minutes. 01-313 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the consent agenda as amended. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 01-10068 providing for the annexation of a certain tract of land along North Ohio and repealing Ordinance Nos. 01-10035 and 01-10059. (7.1 a) Declare an emergency exists for second reading the same day. (7.1b) Second reading Ordinance No. 01-10068. Dean Andrew, Director of Planning and Community Development, explained the purpose of the proposed ordinance. 01-3138 Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance No. 01-10068 on first reading. Aye: (4). Nay: (0). Motion carried. 01-3139 Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to declare an emergency exists for second reading the same day. Aye: (4). Nay: (0). Motion carried. 01-314 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt Ordinance No. 01-10068 on second reading. A roll call vote was taken. Aye: (4) Jilka, Shadwick, Divine, Seaton. Nay: (0). (7.2) Application #CU01-12, filed by Cornerstone Community Church, requesting approval of a Conditional Use Permit to allow construction of a church parking lot in an R-1 District on property legally described as Lot 12, Block 10, Riverside Park Addition and addressed as 212 Des Moines Avenue. Dean Andrew, Director of Planning and Community Development, explained the request, the alternative presented to the Planning Commission and the action taken toward this request. He also explained the protest petition that had been filed. Commission Action # �o.�aaaasa�a 01-314] Kenneth Forrester, 2814 Highland, explained that they have been working on improving the appearance of the church and felt that the parking lot would help improve the appearance. Jack Sethman, 204 Des Moines, expressed his opposition toward the alternative approved by the Planning Commission and suggested granting the permit under Alternative #4. A discussion followed between Commissioner Shadwick, Commissioner Divine and Mr. Sethman regarding the fencing. Gaylen Long, 216 Des Moines, expressed his concerns with Alternative #4 regarding the fencing and the heat that would be produced by the concrete. A discussion between Mr. Andrew, Mayor Seaton, Commissioner Shadwick, and Commissioner Divine regarding the parking lot followed. Commissioner Divine commented on the church's attempt on improving the appearance of the church and being sensitive to the church's needs as well as that of the surrounding neighborhood's and suggested that the request be sent back to the Planning Commission to see if a compromise could be met. Commissioner Shadwick commented on appreciating the work of the Planning Commission, concerns of breaking up the residential street, and being inclined to go back to the Planning Commission. Mr. Long explained that the neighborhood would be willing to compromise by using Alternative #4. A discussion followed between Mr. Long and Commissioner Shadwick regarding the vacant lot. Mayor Seaton commented on sending the request back to the Planning Commission to see if a compromise could be met. A discussion followed with Mr. Sethman, Mr. Andrew and Mayor Seaton regarding the protest petition. Moved by Commissioner Divine, seconded by Commissioner Jilka, to table the application and request the Planning Commission meet with Cornerstone Community Church representatives and surrounding neighbors at their January 15, 2002 meeting for further deliberation. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Resolution No. 01-5791 authorizing an agreement for the audit of City records for the year ending December 31, 2001 with Lowenthal, Singleton, Webb & Wilson PA in an amount not to exceed $31,500. Rodney Franz, Director of Finance and Administration, explained the agreement. 01-314 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to adopt J� Resolution No. 01-5791. Aye: (4). Nay: (0). Motion carried. (8.2) Resolution No. 01-5792 establishing water and wastewater fees. Rodney Franz, Director of Finance and Administration, explained the rate review and proposed fees. Mr. Franz also responded to Commissioner Divine's question regarding which customers would be affected. 01-314 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt J� Resolution No. 01-5792. Aye: (4). Nay: (0). Motion carried. (8.3) Resolution No. 01-5793 authorizing the offering for sale of General Obligation combined water and sewage refunding bonds and approving the Preliminary Official Statement. Rodney Franz, Director of Finance and Administration, explained the refunding. 01-314 Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Resolution No. 01-5793. Aye: (4). Nay: (0). Motion carried. Commission Action # 01-31 (8.4) Award of contract for the Cloud Street and Wayne Street Pavement Improvements, Project No. 01-1318, to APAC-Kansas Shears Division in the amount of $123,394.90. Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to award the contract for the Cloud Street and Wayne Street Pavement Improvements, Project No. 01-1318, to APAC-Kansas Shears Division in the amount of $123,394.90. Aye: (4). Nay: (0). Motion carried. (8.5) Award bids for marked and unmarked police vehicles. Chief James Hill explained the bids received. 01-314 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to award the bid for one unmarked police vehicle to Marshall Motor Company in the amount of $19,795 and four marked police vehicles to Shawnee Mission Ford in the adjusted amount of $70,832. 01-314 (8.6) Authorize the purchase of a forensic evidence collection/crime scene investigation van from the Vehicle Division of Sirchie Finger Print Laboratories in the amount of $66,038. Chief James Hill explained the request. Moved by Commissioner Divine, seconded by Commissioner Jilka, to authorize the purchase of a forensic collection/crime scene investigation van from Sirchie Finger Print Laboratories, the sole source provider, in the amount of $66,038. OTHER BUSINESS (9.1) Mayor Seaton noted that the next City Commission meeting will be January 7, 2002. ADJOURNMENT 01-31411 Moved by Commissioner Divine, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 5:10 p.m. stin M. S aton, Mayor [SEAL] ATTEST: Lieu Arm Nicola, City Clerk