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10-15-2001 MinutesCotnntission Action N 01-3061 01-3062 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 15, 2001 4:00 p.m. 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 comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Lieu Ann Nicola, City Clerk Commissioner Larry L. Mathews Commissioner Monte D. Shadwick None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of October 1, 2001. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (3). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application No. #Z01-15, filed by Salina City Planning Commission, requesting amendment of Salina City Zoning Ordinance Article VI District Regulations amending Sections 42- 128, 42-143, 42-158,42-173, 42-188 and 42-203 to allow preschools located in unoccupied dwellings as a conditional use in residential zoning districts. (7.1a) First reading Ordinance Number 01-10061. Dean Andrew, Director of Planning and Community Development, explained the request, the conditional use permit process and clarified the boundaries of the geographic scope. Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve Ordinance No. 01-10061 on first reading amending the Salina City Zoning Ordinance Article VI District Regulations amending Sections 42-128, 42-143, 42-158, 42-173, 42-188 and 42-203 to allow preschools located in unoccupied dwelling as a conditional use in residential zoning districts. Aye: (3). Nay: (0). Motion carried. Commission Action k (7.2) Application #P014A, filed by Foley Equipment Company, requesting approval of a final plat of the Foley Addition for a proposed three lot subdivision of a 19 acre tract located on the west side of Ohio Street south of I-70. Dean Andrew, Director of Planning and Community Development, explained the application. Commissioner Divine asked for clarification of condition of a paved or all-weather surface access drive. Street. Mr. Andrew explained the condition and explained that it is not intended to be Public 01-3063 Moved by Commissioner Jilka, seconded by Commissioner Divine, to authorize the Mayor to sign the Foley Addition plat and to accept the proposed easement and right-of-way dedications. Aye: (3). Nay: (0). Motion carried. (7.3) Application #PO1-3A, filed by First Covenant Church, requesting approval of a final plat of a 34 acre tract (located on the north side of Magnolia Road east of Markley Road in the City of Salina, Saline County, Kansas). Michael Morgan, Deputy City Manager, explained the application. 01-3064 Moved by Commissioner Jilka, seconded by Commissioner Divine, to authorize the Mayor to sign the final plat of the Magnolia Hills Addition accepting the easement and right-of-way dedications on behalf of the public. Aye: (3). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 01-10037 requesting a change in zoning district classification from Salina County AG (Agricultural) and BC (Business Commercial) to I-2 (Light Industrial) and PC -7 (Planned Highway Commercial) for a 19.08 acre tract on the west side of North Ohio Street and south I-70. 01-3065 Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Ordinance Number 01-10037 on second reading. A roll call vote was taken. Aye: (3), Jilka, Divine, Seaton. Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 01-10059 annexing eight properties and adjacent Ohio Street right-of-way into the city limits of the City of Salina. 01-3066 Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance Number 01-10059 on second reading. A roll call vote was taken. Aye: (3), Divine, Jilka, Seaton. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 01-10060 authorizing the issuance of Taxable Industrial Revenue Bonds, Series 2001 [Eldorado National (Kansas), Inc.]. 01-3067 Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance Number 01-10060 on second reading. A roll call vote was taken. Aye: (5), Divine, Jilka, Seaton. Nay: (0). Motion carried. (8.4) First reading Ordinance No. 01-10055 amending Chapter 8 of the Salina Code including the adoption of the 1997 Uniform Mechanical Code and local amendments and amending the 1997 Uniform Plumbing Code. Michael Morgan, Deputy City Manager, explained the amendments, the frequency of National Code Revisions, the use of one code to eliminate confusion and responded to other Commission concerns. Commission Action # 01-3068 Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve Ordinance Number 01-10055 for first reading, amending Chapter 8, of the Salina Code including adopting the 1997 Uniform Mechanical Code and local amendments and amending the 1997 Uniform Plumbing Code. Aye: (3). Nay: (0). Motion carried. (8.5) Resolution No. 01-5767 authorizing a contract for sale of real estate and special warranty deed for the purpose of selling certain real estate to Double J. Enterprises. Greg Bengtson, City Attorney, explained the contract and the actual purchase price. 01-3069 Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution Number 01-5767 authorizing a contract for sale of real estate and special warranty deed for the purpose of selling certain real estate to Double J. Enterprises. Aye: (3). Nay: (0). Motion carried. (8.6) Award contracts for height clearance pruning over streets and sidewalks. Steve Snyder, Parks and Recreation Director, explained the bids received and staffs recommendation. He responded to Commission inquiry explaining that trees in the right-of-way are the responsibility of the adjacent property owner and that this is a service to neighborhoods to keep streets safe. Dennis Kissinger, City Manager, responded to Mayor Seaton's cost recovery concern noting the transaction cost of enforcement. In closing, Mr. Snyder noted the benefit for everyone. 01-3070 Moved by Commissioner Jilka, seconded by Commissioner Divine, to award a contract for the height clearance pruning over streets and sidewalks to Salina Tree, Inc. in Area #lin the amount $11,500 and to Miller Family Tree Service in Area #2 in the amount of $3,885. Aye: (3). Nay: (0). Motion carried. (8.7) Award of contract for asphalt street repairs to APAC-Kansas, Inc., Shears Division. Shawn O'Leary, Director of Engineering and General Services, explained the project and the quotes solicited and received from APAC-Kansas, Inc., Shears Division. He then responded to Commission inquiries. 01-3071 Moved by Commissioner Divine, seconded by Commissioner Jilka, to award the contract for the Asphalt Street repairs to APAC-Kansas, Inc., Shears Division in the amount of $63,764. Aye: (3). Nay: (0). Motion carried. (8.8) Award contract for the 2001 Utility Improvements, Project No. 01-1310. Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received October 2, 2001. He responded to Commission concerns regarding the final cost. 01-3072 Moved by Commissioner Jilka, seconded by Commissioner Divine, to award the contract for the 2001 Utility Improvements, Project No. 01-1310 to Smoky Hill, L.L.C. in the amount of $276,451. Aye: (3). Nay: (0). Motion carried. (8.9) Award contract for the 2001 Neighborhood Drainage Improvements, Project No. 01-1312. Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received October 2, 2001. He responded to Commission concerns regarding the improvements. 01-3073 Moved by Commissioner Divine, seconded by Commissioner Jilka, to award the contract for the 2001 Neighborhood Drainage Improvements, Republic Avenue and Osborne Street, Project No. 01-1312, to Stevens Contractors in the amount of $37,950. Aye: (3). Nay: (0). Motion carried. Commission Action N (8.10) Award contract for the 2001 Neighborhood Drainage Improvements, Project No. 01-1315. Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received October 2, 2001. He responded to Commission concerns regarding the erosion near Crawford Street. 01-3074 Moved by Commissioner Jilka, seconded by Commissioner Divine, to award the contract for the 2001 Neighborhood Drainage Improvements, Pheasant Ridge Addition, Project No. 01-1315, to Stevens Contractors in the amount of $113,133.25. Aye: (3). Nay: (0). Motion carried. (8.11) Approve Change Order No. 4 for the Curb & Gutter and Concrete Pavement Improvements, Project No. 00-1263. Shawn O'Leary, Director of Engineering and General Services, explained the change order and the project. 01-3075 Moved by Commissioner Jilka, seconded by Commissioner Divine, to approve Change Order No. 4 for the 2000 Concrete pavement/ Curb and Gutter Improvements, Project No. 00-1263, with Wilbur Construction Company in the amount of $23,010. Aye: (3). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Dennis Kissinger, City Manager, advised the Commission that the project updates that were scheduled for today's study session would be presented at next week's study session. ADJOURNMENT 01-3076 Moved by Commissioner Jilka, seconded by Commissioner Divine, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried. The meeting adjourned at 5:08 p.m. /'stin Sea n, Mayor [SEAL] ATTEST: R. Weber, Deputy City Clerk