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07-10-2006 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 10, 2006 4:00 p.m. z The City Commission convened at 2:30 p.m. in a Study Session for a Kansas Wesleyan University Traffic Study. 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 Donnie D. Marrs, Chairman presiding Commissioner Alan E. Jilka Commissioner R. Abner Perney Commissioner John K. Vanier II comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: Commissioner Deborah P. Divine CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 26, 2006. (6.2) Acknowledge receipt of the Convention and Visitor's Budget request for 2007. (6.3) Authorize the Mayor to sign the Emergency Shelter Grant award notification and the Finance Director to sign budget itemizations for each local agency. (6.4) Award of contract for the removal and replacement of the digester complex burner head at the Wastewater Treatment Facility (Project No. 06-1595) to Superior Boiler Works, Inc. in the amount of $19,613.15. 06-7271 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to approve the consent l� agenda as presented. Aye: (4). Nay: (0). Motion carried. 06-7272 Moved by Commissioner Vanier, seconded by Commissioner Jilka to remove 8.4 from the agenda. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) First reading Ordinance No. 06-10339 providing an amendment to Section 42-303 of the Salina Code by adding car washes as a conditional use in the C-4 District. Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission's recommendation. Mr. Andrew responded to Commissioner Jilka's question regarding whether or not the BID #I Board of Director was contacted for input. Mr. Andrew noted that a Planning Commission packet was sent to the board, and no input was received. Page 1 Commission Action # Mr. Andrew also responded to Mayor Marrs' question regarding the past uses of building, and how we deal with uses that existed prior to the uses classification. A discussion followed between Jason Gage, City Manager, and Mr. Andrew regarding the Z definition of car wash, conditional uses, number of requests of this nature in the past, and washing of vehicles inside and outside of the facility. L A discussion followed between Mayor Marrs and Mr. Andrew regarding whether washing of the vehicles are to be in an enclosed building, use of the conditional use, and the applicant's original request. Additional discussions followed between Mayor Marrs, Commissioner Perney, Mr. Andrew, and Mr. Gage regarding the applicant's request of permitted uses. Mr. Andrew responded to Commissioner Jilka's question on the option to delay consideration of the ordinance until input was received from the BID board. 06-7273 Moved by Commissioner Vanier, seconded by Mayor Marrs, to deny the Application #Z06- 6 requesting an amendment to Section 42-303 by adding car washes as a permitted use in a C-4 District. A discussion followed between Mr. Gage, Mr. Andrew, Greg Bengtson, City Attorney, and the City Commission regarding the original request of the applicant and the Planning Commission's recommendation. Mayor Marrs called the question. Aye: (4) Nay: (0) Motion carried. 06-7271 Moved by Commissioner Vanier, seconded by Commissioner Perney, to pass Ordinance IINo. 06-10339 on first reading providing an amendment to Section 42-303 by adding car washes as conditional uses in the C-4 District. Aye: (4). Nay: (0). Motion carried. (7.2) First reading Ordinance No. 06-10340 amending the conditions of approval of a zoning change from PC -2 (Planned Neighborhood Shopping) District to PC -3 (Planned Shopping Center) District approved for a lot in the Brock Addition. Dean Andrew, Director of Planning and Community Development, explained the request and the Planning Commission's recommendation. Mr. Andrew responded to Mayor Marrs' questions regarding front footage. 06-7275 Moved by Commissioner Jilka, seconded by Commissioner Vanier to pass Ordinance No. 06-10340 concurring with the Planning Commission's recommendation that the signage at 1930 S. Ohio Street be limited to the two existing business identification signs and logo signs, plus the monument sign that was previously approved. Aye: (3). Nay: (1) Perney. Motion carried. (7.3) Application #Z06-5, filed by Monty Gilliam, dba Prime Property, requesting a change in zoning district classification from R-1 (Single -Family Residential) to R-3 (Multi -Family Residential) on property addressed as 2054 Lambertson Lane. (7.3a) First reading Ordinance No. 06-10338. Dean Andrew, Director of Planning and Community Development, explained the request, zoning requirements, characteristics of the neighborhood, Planning Commission's recommendation, filing of the protest petition, and City Commissioner alternatives. A discussion followed between Mr. Andrew and Commissioner Pemey's regarding the current plat of the area. Mr. Andrew responded to Commissioner Jilka's question regarding the current R-1 zoning with a nursing home and the cost to demolish the structure. Page 2 Commission Action # Ken Wasserman, 213 S. Santa Fe, attorney representing the applicant, requested that the City Commission consider sending the item back to the Planning Commission for consideration of a Planned Development District application as outlined in Option 2 of the staff report. Mr. Wasserman continued to explain that the applicant will be making some changes to the original plan and intended on conducting meetings with the neighborhood. z Richard and Shirley Gawith, 1211 Sarah Lane, expressed their opposition on the rezoning and the sending the application back to the Planning Commission as a PDD. Y Ronald Kriegh, 2044 Mission Road, commented on the current zoning, narrowness of the street, and his opposition of the rezoning. Harold Larson, 2063 Lambertson Lane, commented on the wideness of the street, number of available lots for building, and his opposition of the request. Jane Eikleberry, 2072 Mission Road, expressed her opposition of the request. Wayne Owen, 1307 Sarah Lane, expressed his opposition of the request. Cindy Larson, 2063 Lambertson Lane, expressed her opposition of the request. Melissa Bridson, 2045 Mission Road, expressed her concerns on the generation of traffic that would be created and her opposition of the request. Mr. Wasserman felt that it was important that the surrounding neighbors hear the new proposal by the developer. Mr. Larson also responded to Commissioner Jilka's question on the increase of traffic that would be generated. Commissioner Perney commented on the developers' effort to improve the vacant building and to modify the proposal. He also expressed his support for Option 2. Mayor Marrs commented on the time period the developer would have to wait if the application was not sent back to the Planning Commission. Commissioner Vanier agreed with Commissioner Perney, but questioned why the developer did not check the zoning prior to purchasing the property. Commissioner Vanier felt that the developer should have the opportunity to show the effected properties their proposal. Commissioner Jilka noted that at this time he would not support the zoning change, but felt that it would be fair to allow the developer to meet the neighbors and would support Option 2. Mayor Marrs clarified that Option 2 would send the application back to the Planning Commission. 06-727 Moved by Commissioner Vanier, seconded by Commissioner Perney, to send the item back to the Planning Commission for consideration of a Planned Development District application. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 06-10337 providing an amendment to Section 42-503 of the Salina Code pertaining to the number of signs on corner and through lots. Mayor Marrs noted that Ordinance No. 06-10337 was passed on first reading on June 26, 2006 and since that time no comments have been received. 06-727 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Ordinance No. 06-10337 on second reading. A roll call vote was taken. Aye: (4) Jilka, Perney, Vanier, Marrs. Nay: (0). Motion carried. Page 3 Commission Action # (8.2) General Obligation Bonds 2006-B and Temporary Notes 2006-2 (8.2a) Receive report on bids received on bonds and notes. (8.2b) Second reading Ordinance No. 06-10335 authorizing the issuance and delivery Z ($885,000 principal amount) of General Obligation Bonds, Series 2006-B. W W (8.2c) Resolution No. 06-6290 prescribing the form and details and authorizing the ti delivery ($885,000 principal amount) of General Obligation Bonds, Series 2006-B. (8.2d) Resolution No. 06-6291 authorizing and directing the issuance, sale and delivery ($5,200,000 principal amount) of General Obligation Temporary Notes, Series 2006-2. Rodney Franz, Director of Finance and Administration, explained the issues, bids received, and projects funded by the issuances. Commissioner Vanier recused himself due to a conflict of interest. Mr. Franz responded to Mayor Marrs' question regarding how the interest rate compared to recent sales. Moved by Commissioner Perney, seconded by Commissioner Jilka, to accept bids. (3-0). 06-7278 Moved by Commissioner Jilka, seconded by Commissioner Perney, to award the bids for the General Obligation Bonds Series 2006-B to Wells Fargo Brokerage Services, LLC at the rate of 4.402770% and for the General Obligation Temporary Notes Series 2006-2 to UMB Bank at the rate of 4.118085%. Aye: (3). Nay: (0). Abstained: (1) Vanier. Motion carried. 06-72711 Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Ordinance No. 06-10335 on second reading. A roll call vote was taken. Aye: (3) Jilka, Perney, Marrs. Nay: (0). Abstained: (1) Vanier. Motion carried. 06-7280 Moved by Commissioner Perney, seconded by Commissioner Jilka, to adopt Resolution No. 06-6290. Aye: (3). Nay: (0). Abstained: (1) Vanier. Motion carried. 06-728 Moved Moved by Commissioner Perney, seconded by Commissioner Jilka, to adopt Resolution No. 06-6291. Aye: (3). Nay: (0). Abstained: (1) Vanier. Motion carried. Commissioner Vanier returned. (8.3) Budget Amendment for the aesthetic enhancements on the North Ninth Street Bridge Project 01-1323. Brad Johnson, City Engineer, explained the project and project funding. A discussion followed between Mayor Marrs, Mr. Johnson, and City Manager Jason Gage regarding the number of quotes received and bidding the whole project at one time instead of doing the project in stages. Mr. Johnson also responded to Commissioner Vanier's questions regarding the aesthetic enhancements design and timeline of completion of the project. Additional discussion followed between Mayor Marrs, Commissioner Perney, and Mr. hnson regarding the cost of the enhancements and bidding the project as one. 06-7282 Moved by Commissioner Perney, seconded by Commissioner Jilka, to approve a budget increase of $10,941.00 to allow the completion of the aesthetic enhancements including the purchase of the proposed light poles for the North Ninth Street Bridge, Project No. 01-1323. Aye: (4). Nay: (0). Motion carried. Page 4 Commission Action # 1 (8.4a) Award of contract for the 2006 Sanitary Sewer Improvements (Des Moines Avenue, Project No. 05-1536, Liberty Addition No. 2, Project No. 06-1583, and Eagle Med Hanger, Project No. 06-1584 to Stevens Contractors in the amount of $539,143). Brad Johnson, City Engineer, explained the projects, bids received, project financing, and the city's policy of financing public improvements. Jason Gage, City Manager, commented on the city's policy and that it will be reviewed by U, staff and brought back to the commission at a later date. 06-1283 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to award the contract for the 2006 Sanitary Sewer Improvements: Des Moines Avenue, Project No. 05-1536, Liberty Addition No. 2, Project No. 06-1583, and Eagle Med Hanger, Project No. 06-1584 to Stevens Contractors in the amount of $539,143. Aye: (4). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT 06-7284 Moved by Commissioner Jilka, seconded by Commissioner Vanier, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 5:37 p.m. 0, 0 Donnie D. Marrs, Mayor [SEAL] ATTEST: Vie#-Wt�Elsey,QCACliClerk Page 5