12-07-2009 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
December 7, 2009
4:00 p.m.
The City Commission convened at 2:00 p.m. in a Study Session on City -County Consolidation
(presentation by the League of Women Voters). 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 M. Luci Larson, Chairman presiding
Commissioner Samantha Angell
Commissioner Tom Arpke
Commissioner Norman Jennings
Commissioner Aaron Peck
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) Resolution No. 09-6674 expressing gratitude and appreciation to Kenneth P. Schmidt for
his employment with the City of Salina from March 16, 1991 to December 15, 2009.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to adopt
Resolution No. 09-6674. Aye: (5). Nay: (0). Motion carried.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing and report on Petition No. 4321, filed by Roberta Kaufman, requesting the
closure and vacation of Cypress Street from Willow Drive on the west to Commanche Avenue on the
east in the Replat of Edgemere Addition.
Mayor Larson opened the public hearing.
Dean Andrew, Director of Planning, explained the request, current plat and zoning, public
hearing and notification requirements, and the Planning Commission's recommendation. Mr. Andrew
requested that the item be sent back to the Planning Commission so an expanded notification area has
the opportunity to speak on the vacation.
A discussion followed between Mayor Larson, Mr. Andrew, Commissioner Peck,
Commissioner Jennings and Jason Gage regarding the expansion of Birch Street, right-of-way,
accessibility to the park, vacation opposition, closing of Cypress, the Hickory Hut parking lot, traffic
flow, and property buffering.
Alvin Casper, 727 Willow Drive, expressed his concerns regarding access to the easement
and his opposition to the vacation.
Linda Hyman, no address given, felt that there would be fewer jobs due to the
development.
Don Marrs expressed that he concurred with Mr. Andrew's request to return the petition.
Susan Herman, 741 Willow Drive, expressed concerns on the effect it would have on the
pedestrian traffic in the area.
Jeff Maes, ComPro Realty, commented on the request, potential development of the area,
traffic flow, and expansion of Birch.
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Mr. Andrew then responded to Mayor Larson's question regarding the boundaries of the
expanded notification area and Mr. Gage's question regarding the current zoning of the property.
There being no further comments, the public hearing was closed.
Moved by Commissioner Jennings, seconded by Commissioner Angell, to return Petition
4321 to the Planning Commission for further review. Aye: (5). Nay: (0). Motion carried.
(5.2) Public hearing and report on Petition No. 4323,.filed by Barbara Young on behalf of
Hixson Lehenbauer Investment Co., Inc., requesting vacation of a portion of the Broadway Blvd.
(adjacent to Foley Equipment Company at 529 N. Broadway Blvd).
Mayor Larson opened the public hearing.
Dean Andrew, Director of Planning, explained the request, ownership of the right-of-way
and requesting the Commission continue the public hearing for one week.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to continue the
public hearing until December 14, 2009. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of November 23, 2009.
(6.2) Resolution No. 09-6683 appointing Dana Bronson to the Convention and Tourism
Committee.
(6.3) Award contract for Phase I of the Community Development Block Grant — Recovery
(CDBG-R) to Ponton Construction (1428 Ponca Avenue in the amount of $16,425 and 1634 Redwood
Drive in the amount of $20,250) and authorize the Mayor to sign the contracts.
(6.4) Approve the 2010 Vehicles and Equipment C.I.P. Sub -plan.
(6.5) Authorization of purchase and installation of two additional traffic video detection systems
from Gades Sales Company, Inc. in the amount of $35,000.
Moved by Commissioner Arpke, seconded by Commissioner Peck, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #PDD03-4D, filed by Salina Building Company, Inc., requesting an
amendment to the use limitations applicable to Lot 2 in the Reserves at Prairie Glen Planned
Development District.
(7.1a) First reading Ordinance No. 09-10527.
Dean Andrew, Director of Planning, explained the request, existing zoning, off-street
parking, and voluntary parking agreement with the First Southern Baptist Church, site plan, and the
Planning Commission's recommendation.
A discussion followed between Mayor Larson, Mr. Andrew, Commissioner Angell,
Commissioner Jennings, and Commissioner Arpke, regarding hours of occupancy, lot access, shared
parking availability, and future parking areas.
Jeff Maes, ComPro Realty, responded to Mayor Larson's question regarding whether
evening classes would be held and the Commissioners' concerns on parking.
Terry Sherman, 2515 S. Ohio, expressed concerns regarding parking at the Prairie Reserves
Apartment Complex. She felt that students would be parking there. Additional discussion followed
between Mayor Larson and Ms. Sherman regarding parking congestion.
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A 'discussion followed between Commissioner Angell, Mayor Larson, Mr. Andrew, Dan
Stack, City Engineer, and Mr. Maes regarding possible addition of an entrance, street lighting,
widening of Ohio Street, and parking overflow.
Moved by Commissioner Angell, seconded by Commissioner Peck, to pass Ordinance No.
09-10527 on first reading. Aye: (3). Nay: (2) Arpke, Jennings. Motion carried.
(7.2) Application #Z09-10, filed by Norm Riffel, requesting approval of an amendment by
adding building supply stores and lumber yards, business schools, department and discount stores and
food stores and delicatessens to the list of conditional uses in Section 42-418.2 of the South 9t" Street
Corridor Overlay District.
(7.2a) First reading Ordinance No. 09-10528.
Dean Andrew, Director of Planning, explained the request, overlay district, and Planning
Commission's recommendation and conditions for approval.
A discussion followed between Commissioner Angell, Mr. Andrew, and Commissioner
Jennings regarding the overlay boundaries, widening of South 9t' Street, future improvements to South
9t' Street, current land use, and development of the area.
Bob Wasko, representing the applicant, commented on the request and platting of the
property.
Moved by Commissioner Angell, seconded by Commissioner Jennings, to pass Ordinance
No. 09-10528 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.3) Application #SP09-1, filed by Selective Site Consultants, requesting approval of a Special
Permit to allow construction of a wireless communication tower in an R-1(Single-Family Residential)
District at the Central High School Campus located at 650 E. Crawford.
Dean Andrew, Director of Planning, explained the request, zoning requirements,
performance standards, landscape waiver, and the Planning Commission's recommendation and
conditions for approval.
A discussion followed between Commissioner Peck and Mr. Andrew regarding leasing of
towers, and placement of antennas on city water towers.
Moved by Commissioner Jennings, seconded by Commissioner Angell, to approve the
special permit as request with the recommended landscaping waiver. Aye: (5). Nay: (0). Motion
carried.
(7.4) Application #SP09-2, filed by Selective Site Consultants, requesting approval of a Special
Permit to allow construction of a wireless communication tower in an R-1(Single-Family Residential)
District at the South High School Campus located at 730 E. Magnolia Road.
Dean Andrew, Director of Planning, explained the request, zoning requirements,
performance standards, landscaping requirements, and Planning Commission recommendation and
conditions of approval.
Moved by Commissioner Jennings, seconded by Commissioner Arpke, to approve the
special permit as requested with the recommended condition regarding landscaping around the base of
the tower. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Item removed from the agenda.
(8.2) First reading Ordinance No. 09-10529 levying special assessments against certain lots and
pieces of property to pay the cost of abatement of nuisances.
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Rod Franz, Director of Finance and Administration, explained abatement process and
amounts collected and to be certified.
Moved by Commissioner Peck, seconded by Commissioner Angell, to pass Ordinance No.
09-10529 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) Authorization for seating. modification for the Bicentennial Center Arena to ensure
compliance with the American with Disabilities Act.
Marshall Perry, Bicentennial Center Manager, explained the proposed improvements,
increase number of accessible seating, ADA guidelines and project funding. Mr. Perry then responded
to Commissioner Jennings and Mayor Larson's questions regarding location of the accessible seating,
and accessibility to the elevator.
Moved by Commissioner Peck, seconded by Commissioner Jennings, to authorize the
seating modification for the Bicentennial Center arena to ensure compliance with the American with
Disabilities Act. Aye: (5). Nay: (0). Motion carried.
(8.4) Accept Special Inspection Task Force Report.
Michael Schrage, Deputy City Manager, provided the City Commission with a summary of
the report. Mr. Schrage responded to Mayor Larson's question regarding how members where
appointed.
(8.5) Request for executive session (legal).
Moved by Commissioner Peck, seconded by Commissioner Arpke, to recess into executive
session for 10 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 adversely affect the
City's interest in the matters and reconvene in this room at 6:00 p.m.
The City Commission recessed into executive session at 5:50 p.m. and reconvened at 6:01
p.m. No action was taken.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Peck, seconded
Meeting of the Board of Commissioners be adjourned
meeting adjourned at 6:01 p.m.
[SEAL]
C TE
Lieu Ann Elsey, CMC, C' Clerk
by Commissioner Arpke, that the Regular
.Aye: (5). Nay: (0). Motio carried. The
Samantha Angell, Acting Mayor
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