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11-01-2004 MinutesCommission Action # iso„aa��sa��e -- 04-6631 04-6632 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 1, 2004 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Salina Healthcare Center follow- up report, Charter Ordinance process report, and continued C.I.P./Sales Tax discussion. 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 Monte Shadwick, Chairman presiding Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner Donnie D. Marrs 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 CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of October 25, 2004. (6.2) Tabling Application M02-03 requesting an amendment to Salina's Comprehensive Plan to create a new Hospital -Medical Land Use category indefinitely. Moved by Commissioner Webb, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 04-10241 annexing Commerce Street located north of Water Well Road. Dean Andrew, Director of Planning and Community Development, explained the request. Mr. Andrew also noted that there would be a name change of the street prior to second reading of the ordinance. Moved by Commissioner Jilka, seconded by Commissioner Divine, to pass Ordinance No. 04-10241 on first reading. Aye: (5). Nay: (0). Motion carried. (7.2) Annexation of three tracts of land located on West Grand Avenue. (7.2a) Second reading Ordinance No. 04-10237 annexing a 23.1 acre tract of land located on the north side of West Grand Avenue. Page 1 Commission Action # 04-6633 04-6634 04-6635 04-6636 04-6637 (7.2b) Second reading Ordinance No. 04-10238 annexing a 40 acre tract of land located on the north side of West Grand Avenue. (7.2c) Second reading Ordinance No. 04-10239 annexing a 6.9 acre tract of land located on the south side of West Grand Avenue. Dean Andrew, Director of Planning and Community Development, explained the annexations and that Saline County has endorsed the annexation of the land into the city limits. Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance No. 04-10237 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No. 04-10238 on second reading. A roll call vote was taken. Aye: (5). Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance No. 04-10239 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (7.3) Application #PDD04-4/4A, filed by the Pioneer Group, requesting a change in zoning district classification from R-3 (Multi -Family Residential) to PDD (R-3) Planned Development District and approval of a preliminary development plan. (7.3a) First Reading Ordinance No. 04-10246. Dean Andrew, Director of Planning and Community Development, explained the request, Heritage Commission, BID #1 Design Review Board, and Planning Commission's recommendations. Mr. Andrew also commented on the reduction of the number of dwellings from 61 to 59 and off-street parking. Ross Freeman, Pioneer Group, thanked staff, members of the Heritage Commission, Design Review Board, Planning Commission and the community for their support on the project. Mr. Freeman commented on use of tax credits, historic preservation and the construction schedule of the development. Commissioner Divine thanked Mr. Freeman for his historic preservation efforts and that the project would be a good role model for the city and state. Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance No. 04-10246 on first reading. Aye: (5). Nay: (0). Motion carried. (7.4) Application #Z04-21, filed by Unified School District No. 305, requesting a change in zoning district classification from R-1 (Single -Family Residential) and MH -P (Manufactured Home Park) to C-1 (Restricted Business) on property located at 409 W. Cloud Street. (7.4a) First Reading Ordinance No. 04-10247. Dean Andrew, Director of Planning and Community Development, explained the request, neighborhood characteristics, and conformance to the comprehensive plan. Mr. Andrew also noted that the applicant is requesting first and second reading, due to the construction schedule. Moved by Commissioner Webb, seconded by Commissioner Divine, to pass Ordinance No. 04-10247 on first reading. Aye: (5). Nay: (0). Motion carried. Paul Stewart, U.S.D. 305, commented on the need of the second reading of the zoning ordinance due to the construction schedule and completion of the project. Moved by Commissioner Divine to declare an emergency exist for second reading on the same day. Motion died due to lack of second. Page 2 Commission Action # �CrS[I�dIpJ'$illld 1 C 1 04-6638 04-6639 04-6640 04-6641 04-6642 04-6643 ADMINISTRATION (8.1) Consider authorizing a new 20 MPH School Speed Zone on Highland Avenue for Salina Christian Academy (former Lowell School site). Dennis Kissinger, City Manager, explained the request of the establishment of a school speed zone on Highland Street. A discussion followed between Commissioner Divine, Commissioner Marrs, Mr. Kissinger, Director of Public Works Shawn O'Leary, and Traffic Engineer Eric Drager regarding the traffic analysis, off-street parking, student drop off locations, and school zone location. Jim Reynolds, Salina Christian Academy, commented on the request and concerns especially with the dismissal of students at noon and after school. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to determine that a 20 MPH School Speed Zone on Highland adjacent to Salina Christian Academy is advisable for safety reasons and authorize and direct staff to establish a school speed zone in this location. Aye: (5). Nay: (0). Motion carried. (8.2) First reading Ordinance No. establishing a capital cost recovery charge for the purpose of paying a portion of the cost of a water distribution system in the vicinity of Schilling Road and Ohio Street. Brad Johnson, City Engineer, explained the improvements and financing of the improvements. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to pass Ordinance No. 04-10242 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) First reading Ordinance No. 04-10248 levying Salina Business Improvement District Number 1 service fees for 2005. Dennis Kissinger, City Manager, explained that there were no changes in the rate levels from 2004, but an addition to the ordinance dealing with debt collection. Moved by Commissioner Webb, seconded by Commissioner Divine, to pass Ordinance No. 04-10248 on first reading. Aye: (5). Nay: (0). Motion carried. (8.4) Consideration of adding combined South 9th' Street Phase 4 and 5 Projects to the City's Capital Improvement Program for 2008. Dennis Kissinger, City Manager, explained the amendment to the 2008 C.I.P. and estimate project costs. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to add the South Ninth Street, Phase 4 and 5 projects to the 2008 C.I.P. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution No. 04-6129 supporting an application to the Kansas Department of Transportation for use of transportation enhancement funds for entryway improvements. Shawn O'Leary, Director of Public Works, explained the grant and the projects that may be funded. Mr. O'Leary noted that the projects would include the entryway corridors located on North Ninth Street from I-70 to Crawford and Crawford Street from I-135 to east city limits. Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Resolution No. 04-6129. Aye: (5). Nay: (0). Motion carried. (8.6) Request for Executive Session (legal). Moved by Commissioner Marrs, seconded by Commissioner Webb, to recess into executive session for 10 minutes to discuss with the City Attorney matters subject to the attorney-client privilege Page 3 Commission Action # 1 L u for the reason that public discussion of the matters would waive the privilege and adversely affect the City's interest in the matters; and reconvene at 5:00 p.m. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Marrs, seconded by Commissioner Webb, to recess into the current executive session for an additional ten minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:50 and reconvened at 5:10 p.m. Moved by Commissioner Jilka, seconded by Commissioner Divine, that the City Manager be authorized to execute an agreement to be prepared between the City and DK, Inc. for the purchase of what has been identified as Tract IS for the North Ohio Overpass project and related temporary easements for the purchase price of $97,100, plus the cost of replacement fence of $2,500, plus the estimated cost of re -platting of $5,000, for total compensation of $104,600, along with proposed covenants restricting use of the real estate. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Divine, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:10 p.m. Monte Shadwick, Mayor [SEAL] A TEST: Lieu Ann Elsey, CMC, Cit Jerk Page 4