09-17-2001 MinutesCommission
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 17, 2001
4:00 p.m.
The City Commission convened at 3:00 p.m. in a Study Session to discuss the Report from Red Cross
on Utility Bill Assistance and State Law Change Briefing - City Water Utility Sales Tax. 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 Larry L. Mathews
Commissioner Deborah P. Divine
Commissioner Alan E. Jilka
Commissioner Monte D. Shadwick
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dermis M. Kissinger, City Manager
Lieu Ann Nicola, City Clerk
None
CITIZEN FORUM
Susan Stover, 919 W. Ash, co-chair of the Salina Seven Community Ministries, requesting
the fees for the use of the Bicentennial Center be waived to hold a city-wide memorial service for all
the victims of New York and to honor local firefighters and police officers. She continued to explain
some of the plans that have been made for the memorial service.
Mayor Seaton questioned if would be possible for City Staff to attend the planning
meeting on Wednesday, September 19, 2001.
Dennis Kissinger, City Manager, explained it was in the Commission's discretion to waive
the fees. He also explained some of the concerns that may be raised.
Ms. Stover explained past conversations she has had with individuals within the
community.
Commissioner Shadwick felt that it would be appropriate, because many citizens want
to do more.
Mayor Seaton expressed of wanting City Staff to participate in the planning meeting and
to choose one of the dates for the memorial service.
Mr. Kissinger explained that it would be staffs preference to have a little more planning
time, and if able to waive the fee for the use of the Bicentennial Center.
Mayor Seaton explained that there was no concern regarding waiving the fee and if the
service was set for September 30, 2001 it would be able to be brought back to the Commission if
needed.
01-3031 Moved by Commissioner Divine, seconded by Commissioner Jilka, to authorize City Staff
to waive the fees for the use of the Bicentennial Center to hold a city-wide memorial service. Aye:
(5). Nay: (0). Motion carried.
Commission
Action #
01-30321
AWARDS - PROCLAMATIONS
(4.1) The week of September 17 - 23, 2001 as "POW/MIA Recognition Week" and the day of
September 21, 2001 as "POW/MIA Recognition Day" in the City of Salina. The proclamation was
read by Melvin Stephens, President of the Salina POW/MIA.
(4.2) The week of September 17 - 23, 2001 as "Constitution Week" in the City of Salina. The
proclamation was read by Sharon Foust, Constitution Week Chairperson.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of September 10, 2001
(6.2) Resolution No. 01-5762 requesting that the Saline County Commission approve the
annexation of properties along the North Ohio Street Corridor to allow those properties to receive City
water and sanitary sewer service and rescinding Resolution No. 01-5759.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #SUPO1-1, filed by Centerpointe Tower Site Solution, requesting approval
of a Special Use Permit to allow construction of a lattice -type wireless communication tower
exceeding 200 feet in height in an A-1 (Agricultural) District.
Dean Andrew, Director of Planning and Community Development, explained the
application and the Planning Commission's recommendation.
Commissioner Shadwick questioned when the variances were established.
Mr. Andrew explained when established.
Dennis Kissinger, City Manager, explained that there may be some unusual reasons for
different standards.
Commissioner Shadwick questioned on the notification to property owners.
Mr. Andrew explained the standard of notification.
Commissioner Shadwick questioned if this notification was consistent with others.
Mr. Andrew explained how it was determined who was to be notified.
Commissioner Mathews questioned the regulations relating to the monopole.
Mr. Andrew explained the regulations.
Mr. Kissinger explained the benefits of co -locating.
Commissioner Divine questioned why the building compound must be painted white.
Mr. Andrew explained it was for uniformity purposes.
Commissioner Shadwick questioned the height of the water tower.
Don Hoff, Utilities Director, explained the water tower is approximately 150 feet, but
stands on higher elevation.
Commission
Action #
�o�,o�eaee5a��z
01-3033
01-30341
Mr. Kissinger commented on visualizing the height.
Keith Cendrick, Centerpointe Tower Site Solution, explained the reasoning for not
having more information available.
Commissioner Divine questioned on the noise factor.
Mr. Cendrick explained that a low humming noise could possibly be heard from inside.
Mr. Kissinger explained the benefits.
Moved by Commissioner Mathews, seconded by Commissioner Divine, to approve
application #SUPO1-1 requesting approval of a Special Use Permit to allow construction of a lattice -
type wireless communication tower with conditions outlined by the Planning Commission.. Aye: (5).
Nay: (0). Motion carried.
(7.2) Resolution No. 01-5764 authorizing a ground lease with Centerpointe Towers, L.L.C.
for the location of a wireless communication tower.
Dennis Kissinger, City Manager, explained that City Staff is currently working on the
agreement and asked that the resolution be presented again at the next meeting.
Greg Bengtson, City Attorney, explained the draft lease agreement and provisions.
Mr. Kissinger explained the differences of the provisions.
Mayor Seaton questioned if the term "by tenant" meant other businesses leasing the space
and also that there would only be one agreement with it being with the builder of the tower.
Mr. Bengtson clarified that was correct.
Mr. Kissinger explained that Centerpointe would rent space.
Mayor Seaton questioned what the public use of the tower would be.
Mr. Kissinger explained the public use possibilities and cost arrangements.
Commissioner Shadwick questioned whom would be responsible in removing the tower
when no longer in use.
Mr. Bengtson explained that was one of the items that are currently worked out in the
lease agreement.
Dean Andrew, Director of Planning and Community Development, explained that this
is addressed in the telecommunications ordinance.
Mr. Kissinger explained that a provision could be placed in the lease dealing with this
issue.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to table Resolution
No. 01-5764 until the September 24, 2001 City Commission meeting. Aye: (5). Nay: (0). Motion
carried.
(7.3) Request to conduct a comprehensive review and consider possible amendments to the C-4
(Central Business) District regulations relating to the location of drinking establishments in the
Central Business District.
Commissioner Shadwick excused himself from the meeting due to conflict of interest.
Dean Andrew, Director of Planning and Community Development, explained the
recommendations from the Downtown Task Force and the Board of Directors of the Downtown
Commission
Action #
consoiieaiee�saiiva
Business Improvement District. He also explained the Planning Commission's recommendations and
concerns.
Mayor Seaton questioned if staff had come up with definitions that differentiate between
drinking establishments and restaurants that serve alcoholic beverages.
Mr. Andrew explained the research conducted and that the moratorium included a
definition of restaurant.
Mayor Seaton questioned staff s recommendation.
Mr. Andrew expressed staffs concerns.
Dennis Kissinger, City Manager, elaborated on staffs concerns.
Mayor Seaton questioned if all existing uses would be grandfathered in.
Mr. Kissinger confirmed that they would.
Commissioner Divine commented that she was not sure if the original problem was not
being solved.
Mr. Kissinger explained the process of conditional use permits.
Commissioner Mathews questioned if instead of a list of restrictions on the conditional
use permit, if the permit could state that major changes in the business could result in a review of the
permit.
Mr. Kissinger explained the difficulties of defining a major change.
Commissioner Jilka questioned if we could effectively regulate establishments that sell
liquor through their license.
Mr. Kissinger explained that staff has concentrated efforts to the zoning aspects and
summarized licensing process.
Mayor Seaton questioned if it would be more effective to deal with businesses that are
causing the problem on a licensing standpoint.
Mr. Kissinger explained the difficulties of dealing with businesses by revoking and
suspending licensing.
Commissioner Mathews questioned what is the Central Business District.
Mr. Andrew reviewed the area that is considered C-4.
Commissioner Mathews questioned that any location outside the Central Business District
in this area could open a drinking establishment.
Mr. Andrew clarified that was true.
Mr. Kissinger suggested a cautious approach of handling this item to the City
Commission.
Aaron Householter, 1117 State Street, felt that this issue has become cumbersome and
favors economic growth within the city.
Jim Ravencamp, B.I.D. Chairperson, expressed concerns of having bars in the downtown
area.
Commissioner Jilka expressed feeling of linking restaurants with drinking establishments
and explained some conversations he has had with numerous loft owners. He also expressed his
preference with the matter.
Commission
Action #
01-303f
01-3036
01-3037
01-30381
Commissioner Mathews felt that a conditional use permit was the correction approach.
Moved by Commissioner Mathews, seconded by Commissioner Divine, to support the
recommendation of the Planning Commision and to direct City Staff to prepare zoning ordinance for
the C-4 District for consideration. Aye: (3) Divine, Mathews, Seaton. Nay: (1) Jilka. Abstained: (1)
Shadwick. Motion carried.
Commissioner Jilka opposes the motion for linking drinking establishments with
restaurants and believes it would be great to have some outdoor patios.
Commissioner Divine commented that she would be amendable to the original motion
to include outlined provisions.
Commissioner Shadwick rejoined the meeting.
(7.4) Application #P98 -4B, filed by Kaw Valley Engineering on behalf of Carlin Companies
requesting approval of a replat of the Auburndale Addition to create seven commercial building lots
on a 33 acre tract located at the southeast corner of South Ninth Street and Schilling Road.
Dean Andrew, Director of Planning and Community Development, explained the
application and the Planning Commission's recommendation.
Robert Carlin, Carlin Companies, thanked City Staff for all of their work and informed
the Commission on project status.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve
application #P98 -4B requesting approval of a replat of the Auburndale Addition to create seven
commercial building lots on a 33 acre tract located at the southeast corner of South Ninth Street and
Schilling Road. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 01-10053 requesting a change in zoning district
classification from PC -1 (Planned Restricted Business) to R-1 (Single -Family Residential) on property
legally described as Lots 11 and 12 and the West 30 feet of Lots 1 and 2, Block 13 of the Mayfair
Addition to the City of Salina (aka 2331 S. Ohio Street).
Mayor Seaton clarified that Ordinance No. 01-10053 was passed on first reading
on September 10, 2001 and since that time no comments have been received.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance
No. 01-10053 on second reading changing the zoning district from PC -1 to R-1 on property addressed
as 2331 S. Ohio Street. Aye: (5) Divine, Mathews, Shadwick, Jilka, Seaton. Nay: (0). Motion
carried.
(8.2) Second reading Ordinance No. 01-10054 requesting approval of an amendment to
existing PC -3 (Planned Shopping Center) and PC -5 (Planned Service Commercial) Districts and an
amendment of the approved site development plan for the Auburndale Shopping Center, legally
described as Lots 1-7, Block 1 of the Auburndale Addition to the City of Salina, Saline County,
Kansas.
Mayor Seaton clarified that Ordinance No. 01-10054 was passed on first reading on
September 10, 2001 and since that time no comments have been received.
Moved by Commissioner Divine, seconded by Commissioner Mathews, to adopt
Ordinance No. 01-10054 on second reading approving an amendment to existing PC -3 and PC -5
Districts and an amendment to the approved site development plan for the Auburndale Shopping
Center. Aye: (5) Shadwick, Jilka, Divine, Mathews, Seaton. Nay: (0). Motion carried.
(8.3) Approval of the Stimmel Sewer Improvements Project No. 01-1265, and establishing a
special assessment improvement district for a portion of the project costs.
Commission
Action #
wnsooeeia�saune
01-3039
01-3
01-3041
Shawn O'Leary, Director of Engineering and General Services, explained the enginerring
feasibility report and the project timeline.
Roberta Brown, 1608 N. Fifth Street, wanted to know if she would be able to hook up to
the sanitary sewer even though she lives outside the city limits.
Dennis Kissinger, City Manager, explained that she could annex into the City limits.
Ms. Brown explained that she owns 13 acres and does not necessarily want to pay taxes
on all land.
Mr. Kissinger explained some of options to Ms. Brown after the project is completed.
Ms. Brown explained that she is currently paying for fire protection.
Mr. Kissinger explained that if annexed she would no longer need to pay for fire
protection.
Ms. Brown questioned if the City would be able to place a tap so she could get connected
after the project was finished.
Mr. O'Leary explained that there are not putting in any connections. He also explained
different options of annexing.
cost spread.
Mr. Kissinger suggested meeting with Ms. Brown to go over all of her options.
Commissioner Mathews questioned if property owners were added would it lower the
Mr. Kissinger explained the special assessment process.
Commissioner Shadwick commented that the City will be paying for one half of the cost
of the project, and people paying city taxes would get a greater benefit.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the
engineering feasibility report, Resolution No. 01-5755 as to the advisability and authorization
establishing the special assessment improvement district, and the Stimmel Sewer Imrprovements,
Project No. 01-1265 and authorize staff to establish a bid date for the project. Aye: (5). Nay: (0).
Motion carried.
(8.4) Resolution No. 01-5761 authorizing Supplemental Agreement No. 1 with Wilson and
Company and authorizing proceeding with the final design phase of the North Ohio Utilities Plan.
Don Hoff, Director of Utilities, explained the agreement.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt
Resolution No. 01-5761 authorizing Supplement Agreement No. 1 in the amount not to exceed
$48,500 and authoring proceeding with the final design phase of the North Ohio Utilities Plan. Aye:
(5. Nay: (0). Motion carried.
(8.5) Resolution No. 01-5763 authorizing an agreement with KANZA Organics to accept yard
waste collected by the City of Salina
(8.5a) Approve the 2001 Fall Yard Waste day plan.
Dennis Kissinger, City Manager, explained the agreement and the plan.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt
Resolution No. 01-5763 authorizing an agreement with KANZA Organics to accept yard waste
collected by the City of Salina. Aye: (5). Nay: (0). Motion carried.
Commission
Action #
01-3042
01-3043
01-3044
01-3045
01-3046
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to approve the
2001 Fall Yard Waste day plan. Aye: (5). Nay: (0). Motion carried.
(8.6) Consider recommendation on the award of 2001 Solid Waste Venture Grants.
Michael Fraser, Director of General Services, explained the recommendations.
Commissioner Mathews questioned if OCCK accepted the counter offer.
Phyllis Anderson, OCCK, stated they believed the offer to be reasonable.
Moved by Commissioner Divine, seconded by Commissioner Mathews, to approve the
2001 Solid Waste Venture Grant awards. Aye: (5). Nay: (0). Motion carried.
(8.7) Authorize the purchase of 500 60 -gallon yard waste poly carts from Amen' -Kart
Corporation in the amount of $24,000.
Michael Fraser, Director of General Services, explained the request.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to authorize the
purchase of 500 60 -gallon yard waste poly carts from Ameri-Kart Corporation in the amount not to
exceed $24,000. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to authorize the
City Commission to send a letter to Mayor Guiliani of New York City. Aye: (5). Nay: (0). Motion
carried.
ADJOURNMENT
Moved by Commissioner Shadwick, 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 6:14 p.m.
[SEAL]
ATTEST:
Lieu Arm Nicola, City Clerk
stin M. Seat n, Mayor