08-26-2002 MinutesCommission
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 26, 2002
4:00 p.m.
The City Commission convened at 3:45 p.m. in a Citizens' Open Forum. 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 Don Heath
Commissioner Alan E. Jilka
Commissioner Monte D. Shadwick
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Lieu Arm Nicola, City Clerk
Absent:
Commissioner Deborah P. Divine
CITIZEN FORUM
Donald Wittman, 317 E. Prescott, commented on the condition of the Smoky Hill
River.
A discussion followed with Dennis Kissinger, City Manager, Commissioner Shadwick,
and Mr. Wittman regarding the history and condition of the Smoky Hill River.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Resolution No. 02-5869 providing for the repair or removal of
dangerous structures.
Mayor Seaton opened the public hearing.
Michael Morgan, Deputy City Manager, explained the process and the properties that were
to be ordered repaired or demolished. Mr. Morgan also responded to Commissioner Shadwick and
Commissioner Heath's questions regarding the initiation of the process and the percentage of owners
complying with the requested repairs.
Becky Phelps -Davis, attorney representing the owner the house located at 1010 Park,
explained the owner's future plans for the property and asked that the owner be responsible for the
demolition of the house.
Mr. Morgan explained that the resolution would set the requirement of the number days
to repair or remove the building before the city would pursue the demolition.
There being no further comments, the public hearing was closed.
02-3411 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Resolution No. 02-5869. Aye: (4). Nay: (0). Motion carried.
Commission
Action #
02-341
(5.2) Public hearing and report on Petition No. 4231, filed by Joe Frank, requesting the vacation
of the 20 -foot drainage easement along both sides of East Bank Drive in the Replat of East Bank
Estates (tabled from the August 5, 2002 meeting).
Mayor Seaton opened the public hearing.
Shawn O'Leary, Director of Engineering and General Services, explained that at the
August 5, 2002 City Commission meeting the Commission referred the request to the Planning
Commission for further consideration.
Mayor Seaton closed the public hearing due to a citizen wanting to speak on Item 5.1.
Mayor Seaton reopened the public hearing for Item 5.1.
Robert Clark, 611 Viemont, explained that he was in the process of purchasing the lot
addressed as 617 Viemont and would demolish the house on the lot.
Mr. Morgan explained that the resolution orders that the houses be repaired or removed
no later than October 10, 2002.
There being no further comments, the public hearing for Item 5.1 was closed.
Mayor Seaton reopened the public hearing for Item 5.2 regarding Petition No. 4231
requesting the vacation of the 20 -foot drainage easement along both sides of East Bank Drive in the
Replat of East Bank Estates.
Mr. O'Leary continued to explain the petition, the conditions that were included when
the original plat was approved, and the Planning Commission's recommendation from the August 20,
2002 meeting. Mr. O'Leary also outlined the City Commission's alternatives.
Dennis Kissinger, City Manager, commented on Alternative No. 2 that would deny the
petition and direct staff to consider alternate drainage plans presented by a licensed civil engineer on
behalf of the developer or property owners within the subdivision that would maintain a storm water
collection system but not requiring excavation or restoration work within the roadside ditches that
have already been filled. Mr. Kissinger also addressed some of the comparisons made between the
East Bank subdivision and others within the city at the Planning Commission meeting.
Mr. O'Leary explained the differences between Alternates No. 1 and 2 as requested by
Commissioner Jilka and Commissioner Heath. Mr. O'Leary then responded to Commissioner Heath's
inquiry regarding property owner's feedback on Alternative No. 2.
There being no further comments, the public hearing was closed.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to deny Petition
No. 4231 for vacation of easements and direct staff to consider alternate drainage plans presented by
a licensed civil engineer on behalf of the developer or property owners within the subdivision that
would maintain a storm water collection system but not require excavation or restoration work within
the roadside ditches that have already been filled. Aye: (4). Nay: (0). Motion carried.
(5.3) Public hearing and report on Petition No. 4232, filed by Richard Morrison, requesting the
vacation of a 20 -foot strip reserved for a future street on Lot 7, Mount Barbara Park Addition.
Mayor Seaton opened the public hearing.
Shawn O'Leary, Director of Engineering and General Services, explained the petition and
staff's findings of inaccuracies in the East Lake Estates PDD, which replatted a portion of the Mount
Barbara Addition in 1977, and the lot survey submitted for the building permit. He also explained that
staff has determined that the proposed building improvements will not cause an encroachment into
the road reservation, and that it is in the interest of all parties to correct the land discrepancies.
A discussion followed with Mr. O'Leary and Commissioner Shadwick regarding other
properties along the land reservation.
Commission
Action #
02-3413
02-3414
02-3415
02-3416
02-34171
02-3418
There being no further comments, the public hearing was closed.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to deny Petition
No. 4232 vacating a 20 -foot strip reserved for future street in Lot 7, Mount Barbara Park Addition to
the City of Salina, Saline County, Kansas and direct staff to work with the landowner to secure
dedication of land for the cemetery roadway as well as advancing the building permit upon receipt of
a revised survey. Aye: (4). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of August 19, 2002.
(6.2) Approve the purchase of two ammonia gas feeders from Ray Lindsey Company of
Leawood, Kansas in the amount of $16,091.
(6.3) Approval of Change Order No. 1 for the Water Treatment Plant Improvements, Phase 11,
Project No. 00-1244 in the amount of $43,563.56.
(6.4) Approve the City Manager's authorization to expend an amount not to exceed $20,000
for preliminary engineering, planning and consulting assistance related to the East Salina C.I.P.
Planning project.
Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance No. 02-10101 amending Chapter 7, Sections 7-4, 7-48, and
7-49 all pertaining to animals.
Mayor Seaton clarified that Ordinance No. 02-10101 was passed on first reading on
August 19, 2002 and since that time no comments have been received.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance
No. 02-10101 on second reading. A roll call vote was taken. Aye: (4) Heath, Jilka, Shadwick, Seaton.
Nay: (0). Motion carried.
(8.2) First reading Ordinance No. 02-10102 amending Chapter 7, Section 7-5 of the Salina
Code pertaining to dangerous or vicious animals, making it unlawful to fail to prevent an animal from
attacking or biting.
Greg Bengtson, City Attorney, explained the modifications.
Mayor Seaton clarified the changes.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to pass Ordinance
No. 02-10102 on first reading. Aye: (4). Nay: (0). Motion carried.
(8.2a) Declare an emergency exists for second reading of Ordinance No. 02-10102 on
the same day.
Moved by Commissioner Jilka, seconded by Commissioner Heath, to declare an
emergency exists for second reading on the same day. Aye: (4). Nay: (0). Motion carried.
(8.3b) Second reading Ordinance No. 02-10102 amending Chapter 7, Section 7-5 of the
Salina Code pertaining to dangerous or vicious animals.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt
Ordinance No. 02-10102 on second reading. Aye: (4). Nay: (0). Motion carried.
Commission
Action #
02-341S
02-3420
02-3421
02-3422
02-3423
02-34241
02-34251
02-34261
(8.3) Ordinance No. 02-10103, 02-10104, and 02-10105 establishing payment in lieu of taxes
amount applicable to certain Industrial Revenue Bonds projects now completed.
Rodney Franz, Director of Finance and Administration, explained that part of the process
of issuing Industrial Revenue Bonds was establishing a payment in lie of tax agreement (PILOT) with
the beneficiaries of the bonds. He also explained that the amount of the PILOT is established
pursuant to the City of Salina tax exemption policy, and is structured based on the amount of
investment in the project and the number of new jobs created. Mr. Franz also summarized each
ordinance.
(8.3a) First reading Ordinance No. 02-10103 ratifying and affirming certain in lieu of
tax payments pursuant to Ordinance No. 99-9923 for A -Plus Galvanizing, Inc.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to pass Ordinance
No. 02-10103 on first reading. Aye: (4). Nay: (0). Motion carried.
(8.3b) Declare an emergency exists for second reading of Ordinance No. 02-10103 on
the same day.
Moved by Commissioner Jilka, moved by Commissioner Shadwick, to declare an
emergency exists for second reading on the same day. Aye: (4). Nay: (0). Motion carried.
(8.3c) Second reading Ordinance No. 02-10103 ratifying and affirming certain in lie
of tax payments pursuant to Ordinance No. 99-9923 for A -Plus Galvanizing, Inc.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt
Ordinance No. 02-10103 on second reading. A roll call vote was taken. Aye: (4) Heath, Jilka,
Shadwick, Seaton. Nay: (0). Motion carried.
(8.3d) First reading Ordinance No. 02-10104 ratifying and affirming certain in lieu of
tax payments pursuant to Ordinance No. 01-10060 for E1Dorado National (Kansas), Inc.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to pass Ordinance
No. 02-10104 on first reading. Aye: (4). Nay: (0). Motion carried.
(8.3e) Declare an emergency exist for second reading of Ordinance No. 02-10104 on
the same day. Aye: (4). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to declare an
emergency exists for second reading the same day. Aye: (4). Nay: (0). Motion carried.
(8.3f) Second reading Ordinance No. 02-10104 ratifying and affirming certain in lieu
of tax payments pursuant to Ordinance No. 01-10060 for E1Dorado National (Kansas), Inc.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt
Ordinance No. 02-10104 on second reading. A roll call vote was taken. Aye: (4) Heath, Jilka,
Shadwick, Seaton. Nay: (0). Motion carried.
(8.3g) First reading Ordinance No. 02-10105 ratifying and affirming certain in lieu of
tax payments pursuant to Ordinance No. 00-9976 for KASA Industrial Controls, Inc.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to pass Ordinance
No. 02-10105 on first reading. Aye: (4). Nay: (0). Motion carried.
(8.3h) Declare on emergency exist for second reading of Ordinance No. 02-10105 on
the same day.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to declare an
emergency exist for second reading on the same day. Aye: (4). Nay: (0). Motion carried.
(8.3i) Second reading Ordinance No. 02-10105 ratifying and affirming certain in lieu
of tax payments pursuant to Ordinance No. 00-9976 for KASA Industrial Controls, Inc.
Commission
Action #
02-342'
02-34D
02-3429
02-3430
02-34311
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt
Ordinance No. 02-10105 on second reading. A roll call vote was taken. Aye: (4). Nay: (0). Motion
carried.
(8.4) Resolution No. 02-5868 appointing members to the Arts and Humanities Commission,
Business Improvement District No. 1 Board of Advisors, Community Corrections Board, Convention
and Tourism Committee, Human Relations Commission, Park and Recreation Advisory Board, City
Planning Commission, Tree Advisory Board, and the Board of Zoning Appeals.
Lieu Arm Nicola, City Clerk, read the appointments.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Resolution No. 02-5868. Aye: (4). Nay: (0). Motion carried.
(8.5) Resolution No. 02-5870 authorizing an engineering agreement with Olsson Associates
for the restoration design and relocation of the Lakewood Truss Bridge in the amount not to exceed
$53,003.
Brad Johnson, Civil Engineer, explained the project and agreement. Mr. Johnson
responded to Commissioner Shadwick's question regarding the replacement bridge at Lakewood Park.
A discussion followed between Donald Wittman, 317 E. Prescott, and Shawn O'Leary,
Director of Engineering and General Services, regarding the bridge restoration and traffic control
around Lakewood Middle School.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt
Resolution No. 02-5870. Aye: (4). Nay: (0). Motion carried.
(8.6) Approval of Supplemental Engineering Agreements Nos. 2 and 3 with Wilson &
Company for the preliminary design and land acquisition phases of the North Ohio Overpass Project,
Project No. 00-1248.
Shawn O'Leary, Director of Engineering and General Services, explained the projects and
the agreements.
Dennis Kissinger, City Manager, spoke on the funding of the project.
Mr. O'Leary responded to Donald Wittman, 317 E. Prescott, regarding whether or not
Ohio Street would remain open.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve
Supplemental Engineering Agreements Nos. 2 and 3 with Wilson & Company for the preliminary
design and land acquisition phases of the North Ohio Overpass Project, Project No. 00-1248 in the total
amount of $684,450.00. Aye: (4). Nay: (0). Motion carried.
(8.7) Authorization of the construction of a City Vehicle Wash Facility, Project No. 02-1369,
in the 2002 Capital Improvement Program with a maximum budget amount of $50,000.
Shawn O'Leary, Director of Engineering and General Services, explained the project and
the project funding.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to authorize the
City Vehicle Wash Facility, Project No. 02-1369 in the 2002 Capital Improvement Program with a
maximum budget amount of $50,000. Aye: (4). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Mayor Seaton noted that there would not be a Commission meeting on September 2, 2002
due to the Labor Day holiday and that the City Commission would meet again on Monday, September
9, 2002.
ADJOURNMENT
Commission
Action #
02-3432
Moved by Commissioner Heath, seconded by Commissioner Shadwick, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 5:20 p.m.
jistin M. e on, Mayor
[SEAL]
ATTEST:
Lieu Arm Nicola, City Clerk