11-04-2002 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
November 4, 2002
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session to discuss Neighborhood Traffic
Issues, Special Event Permits Issue, and the Salina Cares Clinic, followed by an Open Citizens' Forum
at 3:45 p.m. 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
Shandi Wicks, Account Clerk
Lieu Ann Nicola, City Clerk
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The week of November 3 — 10, 2002 as "Healthcare Education Week," in the City of
Salina. Marcia Bulleigh-Earley, Education Coordinator at the Salina Regional Health Center, read the
proclamation and explained related activities.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continued public hearing to consider Petition No. 4235 requesting the vacation of an
existing utility easement on the northwest property line of Lot 11, Block 4, Golden Eagle Estates No.
2, to the City of Salina.
Shawn O'Leary, Director of Engineering and General Services, explained that the petition
was filed on August 26, 2002 by Tim Howison on behalf of the property owners, Bruce and Lenora
Laffitte. The property owners are requesting the vacation to allow for future expansion to the north.
Mr. O'Leary explained the previous opposition from the utility company, Westar, and the agreement
received today from them. In conclusion, he explained the Commission's options to deny the petition,
approve the petition and direct the drafting of an ordinance to be considered at the next City
Commission meeting on November 18, 2002, or to continue the public hearing. He then responded
to Commission inquiry.
closed.
Mayor Seaton opened the public hearing. There being no comments, the hearing was
02-3473 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the
petition for the easement vacation and direct staff to draft an ordinance vacating this easement to be
considered on November 18, 2002. Aye: (5). Nay: (0). Motion carried.
Commission
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cronsaoaeieasau�e
02-34741
—" 02-3475
CONSENT AGENDA
(6.1) Approve the minutes of October 28, 2002.
(6.2) Resolution No. 02-5887 authorizing an agreement with Lowenthal, Singleton, Webb, and
Wilson PA, Certified Public Accountants for an audit of City records for the year ending December
31, 2002, in the amount of $32,400.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application No. A024, filed by Sidney Reitz and the Kansas Department of
Transportation and Application No. A02-5 filed by the Salina City Commission requesting the
annexation of the right-of-way for Interstate 135 to just south of the proposed Water Well Road
Interchange area.
(7.1a) First reading Ordinance No. 02-10111.
Dean Andrew, Director of Planning and Community Development, explained the
applications, the location, City policy, the associated relocation improvement project in the area and
the process of annexing the noncontiguous area.
Shawn O'Leary, Director of Engineering and General Services, responded to
Commissioner Divine's concern regarding the water line relocation.
Dennis Kissinger, City Manager, clarified the benefits of the water line relocation project.
Mr. O'Leary advised the Commission that on November 25, 2002 Capital Cost Recovery
would be brought forward.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to approve Ordinance
No. 02-10111 for first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) Application No. Z02-5, filed by Sidney Reitz and the Kansas Department of
Transportation requesting a change of zoning district classification from Saline County AG
(Agricultural) to PC -7 (Planned Highway Commercial District), I-2 (Light Industrial District), and I-3
(Heavy Industrial District) for property in the Water Well Road interchange area, except that part
taken for the Water Well Road and Interstate 135 right-of-way.
(7.2a) First reading Ordinance No. 02-10110.
Dean Andrew, Director of Planning and Community Development, presented the staff
report reviewing Comprehensive Plan Policies. He explained the City Planning Commission's
recommendation for approval. Mr. Andrew noted the protest period has expired with no protest
received, and second reading of the ordinance will be held in abeyance until the final plat has been
approved. He then responded to Commission inquiry.
Shawn O'Leary, Director of Engineering and General Services, responded to
Commissioner Divine's concern regarding screening and Yost Road.
Mr. Andrew responded to inquiry stating that the landlocked area is a separate parcel.
02-3476 Moved by Commissioner Heath, seconded by Commissioner Divine, to approve
Ordinance No. 02-10110 for first reading. Aye: (5). Nay: (0). Motion carried.
(7.3) Zoning Application No. Z02-4, filed by Stan Byquist, requesting a change in zoning
district classification from R-1 (Single -Family Residential District) to R-2 (Multiple -Family
Residential District) on property legally described as Lots 1 & 2, Block 5; Lots 1, 2, 19, & 20, Block
4; Lots 1,2,19 & 20 Block 3; Lots 1 – 4 Block 2 in the Eastview Estates Addition, to the City of
Salina, Kansas.
Commission
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02-3477
02-3478
02-3479
02-3480
02-3481
(7.3a) First reading Ordinance No. 02-10112.
Dean Andrew, Director of Planning and Community Development, presented the staff
report noting the City Planning Commission's recommendation for approval. He continued to explain
that the protest period has expired with no protest received, and second reading of the ordinance would
be scheduled for November 18, 2002. He directed Commission inquiry regarding single-family homes
backing up to townhomes to the applicant.
Stan Byquist, applicant residing at 233 Highland Avenue, Assaria, KS, indicated the
combination was well received, that all had sold, and that this was the last request for rezoning.
Mr. Andrew agreed, with Commissioner Jilka, that determining when the character of an
area had changed due to rezoning was subjective.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve Ordinance
No. 02-10112 for first reading. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 02-10107 amending the Salina Code, Chapter 34, Article
II, III, and IV pertaining to solid waste.
Mayor Seaton noted that no comments have been received since first reading of the
ordinance.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Ordinance No. 02-10107 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. 02-10109 amending the Salina Code, Chapter 39, Article
VI, Sections 39-110, 39-113, and 39-116 pertaining to tree trimming/treating licensing.
(8.2a) Resolution No. 02-5885 establishing fees for services pertaining to tree
trimming and/or treating in the Comprehensive Fee Schedule under Article IV.
Mayor Seaton noted that this ordinance provides 3 -year licenses for tree trimming/treating,
and that no comments have been received since first reading.
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to adopt
Ordinance No. 02-10109 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka,
Shadwick, Seaton. Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution
No. 02-5885. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution No. 02-5886 endorsing the restoration and relocation of the existing Lakewood
Truss Bridge, also known as the Old Smoky Hill River Bridge, authorizing staff to submit an
application for a Transportation Enhancement Grant for City Project No. 01-1322; KDOT Project No.
85 U-1851-01, and committing to the twenty percent minimum local match funding and maintenance
obligations regarding the rehabilitated and relocated bridge.
Shawn O'Leary, Director of Engineering and General Services, presented the staff report
explaining the application for Transportation Enhancement funding for an 80/20 grant program from
the Preservation of Historic Transportation Facilities which, if granted, would provide funds for
Federal Fiscal Year 2004 and 2005. He then discussed matching funds with Commissioner Divine.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Resolution
Number 02-5886. Aye: (5). Nay: (0). Motion carried.
(8.4) First reading Ordinance No. 02-10108 levying 2003 service fees for Business
Improvement District No. 1 (BID).
Jason Gage, Assistant City Manager, reported on the significant modification of the
annual fee structure, which takes into consideration the recommendations by the Progressive Urban
Commission
Action #
02-3482
Management Associates, Inc. (PUMA). He clarified that special assessments for the improvement
project are different from service fees, and reviewed the history of the BID, the Market Based
Downtown Plan, the improvement district's organizational recommendations, and the assessment rate
structure and methodology. He explained that the ordinance options were "A" to phase in the service
fee increase over a 2 year period and the minimally acceptable alternative `B" to phase in the service
fee increase over 3 years. He then explained the new focus and mission of the BID with the desire to
maximize organizational accountability to ratepayers. He then listed the 3 following alternatives
provided by staff for the City Commission's consideration:
Alternative #1 — Approve on first reading Ordinance Option A, which
provides for the services fee rates described previously, including the PUMA
revised methodology, with a revenue target of $87,000;
Alternative #2 — Approve on first reading Ordinance Option B, which
provides for the service fee rates described previously, including the PUMA
revised methodology, with a revenue target of $82,000;
Alternative #3 — Approve any agreed upon variation to the alternatives
directing Staff to draft final wording to be incorporated in second reading.
Dennis Kissinger, City Manager, clarified the policy alternatives.
Mr. Gage explained the recommendation for a voting City Staff member due to the City's
$55,000 contribution.
Mr. Kissinger responded to Commissioner Shadwick's concern regarding representation
for taxpayers of a citizen -at -large saying there could be additional non-voting members for discussion
purposes.
A discussion regarding law of non -for -profits taking space and not contributing followed
with Mr. Kissinger advising that the city -at -large was picking up more of the cost for those providing
social services. He explained that donations could be requested from those not required by law to
participate to provide more equity.
Gayle Martin, Executive Director of Salina Downtown, Inc., spoke to the Commission
regarding ratepayer concerns for value and the need for a year to check out the plan. She explained
the different needs of the ratepayers and of the Transition Task Force and her desire to reduce the
current 8 to 10 committees to 2 or 3. She explained Full-time Equivalency (FTE) and stated that
though the core Santa Fe Avenue was not on FTE that most will increase but not all and gave
examples.
Mr. Kissinger noted a critical time frame for implementation of a required work plan and
service plan to be in effect prior to the City Commission's budget discussion.
Commissioner Heath spoke against disbanding the board.
Commissioner Jilka noted the investment made in the PUMA plan and supported
continuation.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Alternate
Number 1, with the PUMA revisement of $87,000.
Commissioner Divine then spoke regarding concern to adequately fund the endeavor.
Mayor Seaton called for a vote to approve Ordinance No. 02-10108, Option A, for first
reading. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Mayor Seaton urged all registered voters to get out and vote tomorrow and noted there
will not be a City Commission meeting next Monday, that the next meeting will be November 18,
2002.
Commission
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co�souaaae�saire
02-3483
ADJOURNMENT
Moved by Commissioner Heath, seconded by Commissioner Divine, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:33 p.m.
L�,ir�
stin M. Seaton, ayor
[SEAL]
ATTEST:
VW6AU���
Lieu Ann Nicola, City Clerk