08-05-2002 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 5, 2002
4:00 p.m.
The City Commission convened at 3:00 p.m. in a Budget Study Session. 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 Don Heath
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
None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Petition No. 4231, filed by Joe Frank, requesting the vacation of a 20 -
foot drainage easement along both sides of East Bank Drive in the Replat of East Bank Estates.
Mayor Seaton opened the public hearing.
Shawn O'Leary, Director of Engineering and General Services, explained the petition
request and outlined key dates related to the storm drainage system in the Replat of East Bank Estates.
Mr. O'Leary also summarized the conditions relative to the storm drainage system when the original
replat was approved and the City Commission's alternatives. Mr. O'Leary then responded to Mayor
Seaton's questions regarding the decision to table the matter at the Planning Commission's May 7,
2002 meeting.
Greg Bengtson, City Attorney, and Mr. O'Leary responded to Commissioner Heath's
inquiry regarding conflict of interest.
Dennis Kissinger, City Manager, commented on the city's policy and future impact.
A discussion followed with Commissioner Divine, Mayor Seaton, Mr. O'Leary, and Mr.
Kissinger regarding various drainage concerns.
Joe Frank, 100 N. Douglas, commented on a letter submitted to Mr. O'Leary earlier from
Mark Tourangeau and Lyndia Schwab, the petition request, and the drainage.
A discussion followed with Mr. Kissinger, Mr. O'Leary, and Commissioner Divine
regarding stormwater flow direction and the vacation of an easement between Lot 5 and 6 done earlier.
Commission
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Mr. Kissinger responded to Mayor Seaton's inquiry pertaining to staff comments
regarding the piping.
Commissioner Divine commented on favoring the alternative of referring the petition to
the Planning Commission for further review and public hearings, and to provide a recommendation
on the petition.
02-3365 Moved by Commissioner Divine, seconded by Commissioner Jilka, to table the Petition
No. 4231 until August 26, 2002, refer the petition to the Planning Commissioner for further review
and public hearings, and direct the Planning Commission to provide a recommendation for the petition
as well as general policy matters related to storm drainage systems in residential subdivisions.
Mr. O'Leary responded to Dennis Ciaciuch, owner of Lot 4, Replat of East Bank Estates,
regarding the procedure if the petition was to go to the Planning Commission. Mr. Ciaciuch also
commented on the size of the ditches and drainage easements.
Sam Baerg, 1945 East Bank Drive, commented on the current pipeline installation on his
property. A discussion followed with Mr. Baerg, Mayor Seaton, Mr. Kissinger, and Mr. O'Leary
regarding the piping.
There being no further comments, the hearing was closed.
Mayor Seaton called for a vote to the motion on the floor. Aye: (5). Nay: (0). Motion
carried.
CONSENT AGENDA
(6.1) Approve the minutes of July 22, 2002.
(6.2) Resolution No. 02-5856 authorizing a license agreement with Robert M. Benjamin to
allow use of city -own property adjacent to the flood protection levee, and next to his home at 20 Red
Fox Lane for landscaping and additional open space.
Commissioner Divine requested that Item 6.2 be removed from the consent agenda for
further explanation.
02-3366 Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the
remaining items of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
Shawn O'Leary, Director of Engineering and General Services, explained the license
agreement in Item 6.2.
A discussion followed with Commissioner Divine, Commissioner Shadwick, Mr.
O'Leary, and Greg Bengtson, City Attorney, regarding representation of the property and the term of
the agreement.
02-3367 Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to approve Item
6.2. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Resolution No. 02-5855 expressing support for conversion of the Willow Grove
Apartments to provide additional affordable multi -family housing on East Kirwin Avenue.
Dean Andrew, Director of Planning and Community Development, explained the request
by the Garrison Development Company, staff's analysis on the parking issue, and the proposed
resolution.
A discussion followed between Commissioner Divine, Commissioner Shadwick,
Commissioner Heath, and Mr. Andrew regarding the current need for elderly housing.
02-3368 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to table
Resolution No. 02-5855 until September 23, 2002 to allow the parking issue to be resolved prior to
acting on the proposed resolution. Aye: (5). Nay: (0). Motion carried.
Commission
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ADMINISTRATION
(8.1) Second reading Ordinance No. 02-10090 amending Chapter 8, Sections 8-385 through
8-387 of the Salina Code pertaining to noncommercial opinion signs and political campaign signs.
Mayor Seaton clarified that Ordinance No. 02-10090 was passed on first reading on July
22, 2002 and since that time no comments have been received.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Ordinance No. 02-10090 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka,
Shadwick, Seaton. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 02-10092 approving the issuance of General Obligation
Bonds by the Salina Airport Authority for the purpose of financing the cost of certain capital
improvements located at the Salina Airport.
Mayor Seaton clarified that Ordinance No. 02-10092 was passed on first reading on July
22, 2002 and since that time no comments have been received.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance
No. 02-10092 on second reading. A roll call vote was taken. Aye: (5). Nay: (0). Motion carried.
(8.3) First reading Ordinance No. 02-10094 attesting to the possible increase in property taxes
levied for the year 2003 necessary to finance public services.
Rodney Franz, Director of Finance and Administration, explained the ordinance.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to pass Ordinance
No. 02-10094 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.4) Report on Petition No. 4233, filed by Darvin Dent, requesting certain street and drainage
improvements in Woodland Hills Estates Addition.
(8.4a) Resolution No. 02-5854 as to the advisability of construction of improvements in
the Woodland Hills Estates Addition.
Shawn O'Leary, Director of Engineering and General Services, explained the petition,
project, feasibility report, and estimated cost breakdown.
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve the
engineering feasibility report for street and drainage improvements in Woodland Hills Estates
Addition, Phase 4, and adopt Resolution No. 02-5854. Aye: (5). Nay: (0). Motion carried.
(8.5) Award of contract for Signalization Improvements at Santa Fe Avenue and Republic
Avenue, Project No. 02-1332.
Brad Johnson, Civil Engineer, explained the project and the bids received.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to award the contract
for the Signalization Improvements at Santa Fe Avenue and Republic Avenue, Project No. 02-1332,
to B & W Electrical Contractors, Inc. in an amount of $72,600.00. Aye: (5). Nay: (0). Motion
carried.
(8.6) Award of contract for the 2002 Brick Street Repairs, Project No. 02-1366.
Brad Johnson, Civil Engineer, explained the project and bids received.
Shawn O'Leary, Director of Engineering and General Services, responded to Mayor
Seaton's inquiry regarding the overlay.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to award the
contract for the 2002 Brick Street Repairs, Project No. 02-1366, to APAC-Kansas, Shears Division,
in the amount of $46,219.10. Aye: (5). Nay: (0). Motion carried.
Commission
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(8.7) Award of contract for the construction of an Equipment Storage Building for the Solid
Waste Landfill Facility, Project No. 02-1328.
Don Hoff, Director of Utilities, explained the project and the bids received.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to award the
contract for the Equipment Storage Building for the Solid Waste Landfill Facility, Project No. 02-
1328, to Salina Building Systems, Inc. for the base bid of $43,012 and Alternate #2 of $7,081 in the
total amount of $50,093. Aye: (5). Nay: (0). Motion carried.
(8.8) First reading Ordinance No. 02-10093 amending Chapter 38, Section 38-1 of the Salina
Code, by adopting the 2002 Standard Traffic Ordinance.
(8.8a) Declare an emergency exists for second reading on the same day.
(8.9a) Second reading Ordinance No. 02-10093.
Greg Bengtson, City Attorney, outlined the section changes in the Standard Traffic
Ordinance.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to pass Ordinance
No. 02-10093 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to declare an
emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Ordinance No. 02-10093 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka,
Shadwick, Seaton. Nay: (0). Motion carried.
(8.9) Request for Executive Session (personnel matter).
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to recess into
Executive Session for ten minutes to discuss a matter pertaining to non -elected city personnel for the
reason that public discussion of the matter would violate the privacy rights of the non -elected city
personnel involved; and reconvene at 5:34 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into Executive Session at 5:24 p.m. and reconvened at
5:34 p.m. No action was taken.
OTHER BUSINESS
(9.1) Mayor Seaton urged everyone to vote on August 6, 2002 and enjoy the Tri -Rivers parade
and fair.
ADJOURNMENT
02-3380 Moved by Commissioner Heath, seconded by Commissioner Shadwick, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:34 p.m.
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk
.stin M. Se ton, Mayor