10-01-2007 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 1, 2007
4:00 p.m.
The City Commission convened at 3:00 p.m. in a Study Session on the South Ninth Street project.
w 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.
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There were present:
Mayor Alan E. Jilka, Chairman presiding
Commissioner Luci Larson
Commissioner Aaron Peck
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: None
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The month of October 2007 as "National Breast Cancer Awareness Month" in the city of
Salina. Del Meier, Salina -Saline County Health Department, read the proclamation and Phyll Klima,
Salina Downtown, Inc. Executive Director, announced upcoming events.
(4.2) The month of October 2007 as "Month of the Young Adolescent' in the city of Salina.
Gabe Gutierrez, student of Lakewood Middle School, read the proclamation and announced upcoming
events. Quinn Katherineberg, Dekeysha Cooper, and Damian Cooper also handed the Commissioners
information on their upcoming events.
(4.3) The week of October 7 — 13, 2007 as "Fire Prevention Week" in the city of Salina. Roger
Williams, Fire Marshal, read the proclamation and announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Petition No. 4299, filed by Bob Haworth, President of Lee Haworth
Construction Company, for the vacation of an easement along Lot 11 and Lot 12, Block 1 in Cedar
Ridge Addition.
Mayor Jilka opened the public hearing.
' Karlton Place, City Engineer, explained the request. Mr. Place requested that the
Commission postpone the item for two weeks so the utility franchise would be able to investigate the
impact of the request.
There being no further comments, the public hearing was closed.
07-7254 Moved by Commissioner Pemey, seconded by Commissioner Peck, to postpone the
hearing until October 15, 2007. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of September 24, 2007.
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07-7255 Moved by Commissioner Vanier, seconded by Commissioner Peck, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
w (7.1) Rescind approval of Ordinance No. 06-10359 rezoning property located on South Ninth
Street (Application #06-14).
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Dean Andrew, Director of Planning and Community Development, explained the request.
07-7256 Moved by Commissioner Vanier, seconded by Commissioner Peck, to rescind approval of
Ordinance No. 06-10359 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) First reading Ordinance No. 07-10402 amending Chapter 33, Article III of the Salina Code
pertaining to junk and junk dealers.
Dean Andrew, Director of Planning and Community Development, explained the proposed
amendments. Mr. Andrew then responded to Commissioner Perney's questions on whether any of the
current dealers would meet these standards and whether they were aware of the proposed changes.
A discussion followed between Michael Schrage, Deputy City Manager, Mr. Andrew,
Commissioner Perney, Commissioner Peck, and Jason Gage, City Manager, regarding fencing
requirements and stacking heights.
Mr. Andrew then responded to Commissioner Perney's questions regarding the review of
the application, site investigation and transfer of the license. An additional discussion followed
between Mr. Andrew and Mr. Gage regarding approval of the application, qualifications and transfer
of the license.
A discussion followed between Commissioner Peck and Mr. Andrew regarding the
entrance gate and fencing requirements.
Mayor Jilka questioned the term of the license. Mr. Andrew explained that the license
would be issued annually expiring December 31 of each year.
Commissioner Peck expressed his concerns on the paving requirements of driveways and
driving aisles.
A discussion followed between Commissioner Perney, Commissioner Peck, Mayor Jilka,
Mr. Andrew, and Mr. Gage regarding fencing, possible setback provisions, stacking height, and
screening.
Mr. Gage and Mr. Andrew responded to Commissioner Vanier's questions regarding
standing water and enforcement of pot holes in driveways. Commissioner Vanier expressed his
concerns on the enforceability of the ordinance.
Mayor Jilka felt that a resolution could be met by the Commission on the three main issues
that have been brought up in their discussions.
Mr. Andrew commented on the transferring of the license and enforcement of the
ordinance. An additional discussion followed between Mayor Jilka and Mr. Gage regarding the
transfer of the license.
A discussion followed between Mayor Jilka, Commissioners Peck and Perney, and Mr.
Gage regarding fencing requirements, the incorporation of a setback provision, and stacking height
restrictions.
Gerald Squires, BFR Metals, expressed his concerns regarding the fencing and screening
requirements. He continued to explain that he also has concerns regarding the regulations regarding
the standing water, because of the standing water that had occurred on his property due to the flooding
earlier in the year.
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Commissioner Vanier expressed his concerns on the enforceability of the ordinance and
would prefer the item be sent back to staff for more work. Commissioner Vanier strongly encouraged
the salvage dealers to provide input to staff.
Mr. Gage asked the Commission to provide staff direction on what should be addressed.
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Commissioner Perney suggested that the item be'brought back to the Commission as a
study session item. Mr. Andrew then responded to Commissioner Perney's question regarding how
osalvage yards are addressed in the zoning regulations.
Mr. Gage asked the Commission if the general approach would be acceptable and what
items need to be addressed by Staff.
A discussion followed by Mr. Gage and Mayor Jilka of the importance of setting the
minimum standards.
Commissioner Perney felt that future salvage yard could be addressed through the zoning
regulations and the Commission needed to decide on how strict the regulations are to be on the current
facilities.
Commissioner Peck felt that the general approach is okay, but the operating requirements
would need to be cleaned up.
Mr. Gage suggested that the Commission withdraw the item and direct staff to bring the
item back to the Commission in a study session.
Commissioner Vanier encouraged the salvage dealers to provide input to Staff.
07-7257 Moved by Commissioner Larson, seconded by Commissioner Peck, to refer the item back
to staff for future review and bring back to the Commission in a study session. Aye: (5). Nay: (0).
Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 07-10416 providing a change in zoning district
classification from C-1 to PC -2 on property addressed as 723 S. Ohio Street.
Mayor Jilka noted that Ordinance No. 07-10416 was passed on first reading on September
24, 2007 and since that time no comments have been received.
07-7258 Moved by Commissioner Vanier, seconded by Commissioner Peck, to pass Ordinance No.
07-10416 on second reading. A roll call vote was taken. Aye: (5) Larson, Peck,•Pemey, Vanier, Jilka.
Nay: (0). Motion carried.
(8.2) Award bid for landfill groundwater monitoring well installation.
Michael Fraser, Director of Public Works, explained the project, bids received, and
funding. Mr. Fraser then responded to Commissioner Perney regarding the pollution plumes and the
operation of future cells.
Mr. Fraser also responded to Commissioner Larson's question regarding the work
schedule.
A discussion followed between Mayor Jilka, Mr. Fraser, and Jason Gage, City Manager,.
regarding not accepting the lowest bid. Mayor Jilka expressed concerns of setting a precedent.
07-7259 Moved by Commissioner Vanier, seconded by Commissioner Larson, to award the bid for
landfill groundwater monitoring well installation to GeoCore in the amount not to exceed $19,214.20.
Aye: (5). Nay: (0). Motion carried.
(8.3) Approve an agreement for Water Treatment Plant Studies, Project No. 07-2666.
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funding.
Martha Tasker, Director of Utilities, explained the studies to be conducted, agreement, and
Commissioner Vanier expressed his lack of confidence in Wilson & Company due to the
work performed on the Soccer Complex project and the North Ohio Detention Ponds.
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07-M60 Moved by Commissioner Perney, seconded by Commissioner Vanier, to approve an
agreement for Water Treatment Plant Studies, Project No. 07-2666 with Wilson & Company in the
amount not to exceed $46,475. Aye: (5). Nay: (0). Motion carried.
(8.4) Authorization to submit the Wastewater Treatment Facility Study to the Kansas
Department of Health and Environment.
Martha Tasker, Director of Utilities, explained the feasibility study and the requirement of
submittal to the state.
07-7261 Moved by Commissioner Peck, seconded by Commissioner Vanier, to authorize the
submittal of the Wastewater Treatment Facility Study to the Kansas Department of Health and
Environment. Aye: (5). Nay: (0). Motion carried.
(8.5) Resolution No. 07-6437 authorizing the Mayor to execute a Special Warranty Deed to the
purchaser of a galvanizing facility financed with City of Salina Industrial Revenue Bonds (A -Plus
Galvanizing, Inc. , Series A and B).
Greg Bengtson, City Attorney, explained A -Plus Galvanizing IRB issuance, bankruptcy
proceedings, and the sale of the facility.
07-7262 Moved by Commissioner Larson, seconded by Commissioner Peck, to adopt Resolution
No. 07-6437. Aye: (5). Nay: (0). Motion carried.
1 (8.6) Request for executive session (legal).
07-7263 Moved by Commissioner Peck, seconded by Commissioner Larson, to recess into
executive session for 20 minutes to discuss with legal counsel matters subject to the attorney-client
privilege for the reason that public discussion of those matters would waive the privilege and
reconvene at 5:52 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:32 p.m. and reconvened at 6:03
p.m. No action was taken.
None.
OTHER BUSINESS
ADJOURNMENT
07-7264 Moved by Commissioner Vanier, seconded by Commissioner Peck, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 6:03 p.m.
Alan E. Jilk ayor
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Lieu Ann Elsey, CMC, ty Clerk
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