11-25-2002 MinutesCommission
Action #
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02-3493
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
November 25, 2002
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a I-135/Water Well Interchange
Project Briefing. 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
None.
CONSENT AGENDA
(6.1) Approve the minutes of November 18, 2002.
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 #Z02-8, filed by the City of Salina Planning Commission, requesting a change
in zoning district classification from R-2 (Multi -Family Residential) to R-1 (Single -Family
Residential) on property described as Lots 3, 4 and 5, Block 6 and Lots 16, 17 and 18, Block 5 of the
Eastview Estates Addition.
(7.1a) First reading Ordinance No. 02-10114.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation.
02-3494 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve
Application #Z02-8 and pass Ordinance No. 02-10114 on first reading. Aye: (5). Nay: (0). Motion
carried.
Commission
Action #
02-34951
02-3496
02-3497
02-3498
02-3499
(7.2) Application #Z02-6, filed by Lamone Candy & Tobacco Company, Inc., requesting a
change in zoning district classification from R (Single -Family Residential) to I-2 (Light Industrial)
District, on property legally described as Lot 1, Block 1, Cloverdale Annex and addressed as 1120 E.
Prospect Avenue.
(7.2a) First reading Ordinance No. 02-10116.
Dean Andrew, Director of Planning and Community Development, explained the request,
intent of the rezoning, and the Planning Commission's recommendation.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to approve
Application #Z02-6 and pass Ordinance No. 02-10116 on first reading. Aye: (5). Nay: (0). Motion
carried.
(7.3) Application #P02 -3/3A, filed by the City of Salina, requesting approval of a final plat of
the Wayne Addition.
Dean Andrew, Director of Planning and Community Development, explained that due
to the completion of the reconstruction of the Belmont Boulevard — Ohio Street intersection the city
found itself with surplus right-of-way on both sides of realigned Belmont Boulevard. Mr. Andrew
continued to explain the request, elements of the proposed plat, and the Planning Commission's
recommendation. Mr. Andrew then responded to Commissioner Divine's concerns with Lot 1, Block
2 and easement location.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve and
authorize the Mayor to sign the final plat of the Wayne Addition. Aye: (5). Nay: (0). Motion carried.
(7.4) Application #Z02-7, filed by the City of Salina, requesting a change in zoning district
classification from R-1 (Single -Family Residential) to R-3 (Multi -Family Residential) and C-3
(Shopping Center) District on property described as Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2
of the Wayne Addition.
(7.4a) First reading Ordinance No. 02-10117.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve
Application #Z02-7 and pass Ordinance No. 02-10117 on first reading. Aye: (5). Nay: (0). Motion
carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 02-10113 vacating the utility easement on the northwest
property line of Lot 11, Block 4, Golden Eagle Estates No. 2.
Mayor Seaton clarified that Ordinance No. 02-10113 was passed on first reading on
November 18, 2002 and since that time no comments have been received.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance
No. 02-10113 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick,
Seaton. Nay: (0). Motion carried.
(8.2) First reading Ordinance No. 02-10115 levying special assessments for utility
improvements to serve North Ohio Street, Project No. 01-1264.
Shawn O'Leary, Director of Engineering and General Services, explained that the City
Commission received the final breakdown of cost for the public improvement on November 18, 2002
and set the public hearing date for December 2, 2002. Mr. O'Leary also noted future key dates in the
special assessment process.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to pass Ordinance
No. 02-10115 on first reading. Aye: (5). Nay: (0). Motion carried.
Commission
Action #
�o�,oda,edSa�a
02-350(
02-3501
02-3502
02-35031
(8.3) Water Well/ I-135 Interchange.
(8.3a) Resolution No. 02-5890 authorizing an annexation agreement with the trustees
of Ruth Yost Trust No. 1.
Dean Andrew, Director of Planning and Community Development, explained that the
trustees of Ruth Yost Trust No. 1 requested to be annexed into the city and have filed a joint
application with the Kansas Department of Transportation. Mr. Andrew then summarized the benefits
of platting the area, and explained that the approval and recording of the plat makes the property
ineligible for an AG deferral under the State of Kansas special assessments laws. Mr. Andrew
explained the agreement and the recovery of Yost's property share of project costs would be carried
out through Cost Recovery ordinances.
Moved by Commissioner Heath, seconded by Commissioner Divine, to adopt Resolution
No. 02-5890. Aye: (5). Nay: (0). Motion carried.
(8.3b) Second reading Ordinance No. 02-10111 annexing two properties at the
southwest corner of Water Well Road and I-135 and the adjacent interstate right-of-way.
Dean Andrew, Director of Planning and Community Development, explained the
ordinance and that second reading was in conjunction of the approval of Resolution No. 02-5890.
Mayor Seaton clarified that Ordinance No. 02-10111 was passed on first reading on
November 4, 2002 and since that time no comments have been received.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Ordinance No. 02-10111 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka,
Shadwick, Seaton. Nay: (0). Motion carried.
(8.3c) Application #P02 -2A, filed by Kenneth Turner of Bucher, Willis & Ratliff
Corporation on behalf of Ruth Yost Trust No. 1 and the Kansas Department of Transportation
requesting final plat approval of a 133.69 acre parcel of land located on the south side of Water Well
Road, west of the I-135 right-of-way, to be known as the Yost Addition.
Dean Andrew, Director of Engineering and General Services, explained the request. Mr.
Andrew noted that the Planning Commission reviewed the proposed final plat of the Yost Addition
at its November 19, 2002 meeting; he explained the Planning Commission recommendation and
conditions.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to authorize the
Mayor to sign the plat and accept the offered easement, right-of-way and restricted access dedications
on behalf of the City. Aye: (5). Nay: (0). Motion carried.
(8.3d) Second reading Ordinance No. 02-10110 providing for a change in zoning
district classification from Saline County AG 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 for the part taken for the Water Well Road and Interstate I-135 right-of-way.
Mayor Seaton noted that Ordinance No. 02-10110 was passed on first reading on
November 4, 2002 and since that time no comments have been received.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Ordinance
No. 02-10110 on second reading. A roll call vote was taken. Aye: (5) Divine, Heath, Jilka, Shadwick,
Seaton. Nay: (0). Motion carried.
(8.3e) Cost Recovery Ordinances relating to water, sewer, and street drainage
improvements in the vicinity of South Ninth Street and Water Well Road.
(i.) First reading Ordinance No. 02-10118 establishing a capital cost recovery
charge for the purpose of paying a portion of the cost of a water distribution system in the
vicinity of South Ninth Street and Water Well Road.
Commission
Action #
02-3504
02-3505
— 02-3506
02-3507
(ii.) First reading Ordinance No. 02-10119 establishing a capital cost recovery
charge for the purpose of paying a portion of the cost of a sanitary sewer collection
system in the vicinity of South Ninth Street and Water Well Road.
(iii.) First reading Ordinance No. 02-10120 establishing a capital cost recovery
charge for the purpose of paying a portion of the cost of the construction of Yost Drive
in the vicinity of Water Well Road.
Greg Bengtson, City Attorney, explained that cost recovery ordinances are used as a
means of recovering the property owner's share of the cost of public improvements and provides
additional flexibility. Mr. Bengtson continued to explain that a separate cost recovery ordinance is
proposed for each of the three categories of improvements and the charge under each ordinance is
based upon square footage. He also noted that the cost recovery charge includes an interest
component that is based upon the average interest rate paid by the City under the most recent general
obligation bond issue in August of 2002.
Mr. Bengtson explained that the cost figures referred to in the ordinances are estimated
figures, and second reading of the ordinances will occur when actual cost figures can be determined.
Mr. Bengtson then summarized the statutory procedure under K.S.A. 12-137.
A discussion followed between Mayor Seaton, Mr. Bengtson and City Manager Dennis
Kissinger regarding the interest rate and accrual.
Shawn O'Leary, Director of Engineering and General Services, responded to
Commissioner Divine's question regarding the time frame for related projects to be completed.
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to pass
Ordinance No. 02-10118 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to pass Ordinance
No. 02-10119 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to pass Ordinance
No. 02-10120 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3f) Award of contract for the 2002 Water Main Relocation for the Water Well/1-135
Interchange, Project No. 02-1378.
Brad Johnson, Civil Engineer, explained the project and bids received on November 19,
2002.
Moved by Commissioner Heath, seconded by Commissioner Divine, to award the contract
for the 2002 Water Main Relocation, Project NO. 02-1378 to Nowak Construction Company, Inc. in
the amount of $295,918. Aye: (5). Nay: (0). Motion carried.
(8.4) City Manager report on restaurant smoking ordinance implementation.
Dennis Kissinger, City Manager, reported that the implementation of the restaurant
smoking ordinance is currently set for December 9, 2002. He requested from the Commission an
extension, making the full implementation completed by January 9, 2003 to enable this conversion
to be done efficiently. Mr. Kissinger summarized the implementation schedule.
Mayor Seaton expressed that she felt that making the conversion efficiently is very
important and would support the extension.
A discussion between Commissioner Divine and Mr. Kissinger regarding restaurant
voluntarily converting prior to the proposed January 9, 2003 deadline. Mr. Kissinger also responded
to Mayor Seaton's inquiry regarding mandatory signage.
Commission Heath expressed that he would support the extension and felt that the
conversion would need to run as smooth as possible.
Commission
Action #
02-3508
Moved by Commissioner Divine, seconded by Commissioner Heath, to extend the
implementation date of the smoking ordinance (Ordinance Nos. 02-10077 and 02-10089) to January
9, 2003. Aye: (5). Nay: (0). Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
02-3509 Moved by Commissioner Jilka, 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 4:57 p.m.
[SEA]L]
ATTEST:
Lieu Ann Nicola, City Clerk
fstin M. Sea n, Mayor