03-24-2003 MinutesCommission
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
March 24, 2003
4:00 p.m.
The City Commission convened at 3:45 p.m. in a Study Session for 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 Deborah P. Divine
Commissioner Don Heath
Commissioner Alan E. Jilka
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Lieu Ann Nicola, City Clerk
Commissioner Monte D. Shadwick
CITIZEN FORUM
(3.1) Romaine Swenson, 117 Skyline Drive, spoke in opposition of Applications Nos. Z02-
2, Z03-2, and M02-3 regarding the Hospital -Medical zoning and the effect the zoning would have
towards his rental properties located at 446, 448, and 450 S. 7' Street.
AWARDS - PROCLAMATIONS
(4.1) The week of April 4 —14, 2003 as "The Week of the Young Child" in the City of Salina.
Beverly Peterson, Executive Director of Martin Lurther King, Jr. Child Development Center, read the
proclamation.
(4.2) Presentation of plaques of appreciation to outgoing Citizen Board Members.
Mayor Seaton presented plaques to Phyllis Anderson for her service on the Accessibility
Advisory Board and Pat Bolen for his service on the Salina Airport Authority. Mayor Seaton also
recognized Mark Regier for his service on the Accessibility Advisory Board and Monty Betts for his
service on the Building Advisory Board.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of March 17, 2003.
(6.2) Approval of Supplemental Engineering Agreement No. 2 for design services for both
Lakewood Bridges with Olsson Associates in the amount of $6,377.
(6.3) Approval of Supplemental Engineering Agreement No. 2 for design services for the North
Ninth Street Bridge with Wilson & Company in the amount of $15,432.
(6.4) Approval of Change Order No. 5 on the South Ninth Street Improvements, Phase III,
Project No. 01-1273 in the amount of $14,448.04.
Commission
Action #
C1�=11delld —
03-590'
— 03-5906
03-59071
Shawn O'Leary, Director of Engineering and General Services, responded to
Commissioner Divine's and Commissioner Jilka's questions regarding the decorative lighting in Item
6.2 and grant funding in Item 6.3.
Moved by Commissioner Divine, 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. 03-10129 amending Chapter 42, Section 42-59 of the
Salina Code pertaining to Temporary Uses to clarify when and where semi -trailers and shipping
containers may be used for temporary storage.
Dennis Kissinger, City Manager, explained the change in the proposed ordinance.
Dean Andrew, Director of Planning and Community Development, explained that
currently only outdoor displays are permitted in the C-3 district and not the use of semi -trailer and
shipping containers used for temporary outdoor storage. He continued to explain that the proposed
ordinance is intended to address the use of the semi -trailers and shipping containers used on a
temporary basis.
Mr. Kissinger commented that staff would take appropriate action in contacting businesses
that are currently or in the past have used semi -trailers and shipping containers as temporary storage.
A discussion followed between the Commission, Mr. Kissinger, and Mr. Andrew
regarding seasonal use of pallets in retail parking lots, temporary use permits, current provisions, and
conditional use permits.
Tom Bell, The Salina Journal, commented that the Salina Journal does not intend to leave
storage containers at their location on a permanent basis. Mr. Bell asked Mr. Andrew for clarification
regarding semi -trailers used for storage and transit.
Ken Noonan, Wal-Mart Stores, 2900 S. 91h Street, commented on the use of storage
containers at the Wal-Mart facility. Mr. Andrew then responded to Mr. Noonan's questions regarding
the time span from the submission of the temporary use permit application to the issuance of the
permit.
David Wells, Flex Storage Company, commented that the proposed ordinance was too
restrictive. He also commented on the safety of the storage containers and the containers meeting
Uniform Building Codes. Mr. Wells responded by Commissioner Jilka's inquiry regarding the
number of storage containers that are currently placed in the community.
Mr. Andrew clarified the 30,000 square footage requirement as requested by Mayor
Seaton.
A discussion followed between Commissioner Divine, Commissioner Jilka, Mr.
Kissinger, and Mr. Andrew regarding property tax equity, semi -trailers or cargo containers already
placed in the community, tie down requirements, and the 90 -day time limit.
Moved by Commissioner Heath to adopt Ordinance No. 03-10129 on second reading with
an amendment to Section 8 regarding Outdoor Storage Containers. Motion died due to lack of second.
Moved by Commissioner Divine, seconded by Commissioner Heath, to table the
consideration of the second reading of Ordinance No. 03-10129 until April 7, 2003 and direct staff
to address tax equity concerns and building code issues such as if containers withhold straight wind
and flooding situations.
A discussion followed between Commissioner Divine and Commissioner Jilka regarding
the tax equity concern.
Commission
Action #
Conwiaaieauu�a
03-5908
03-5909
03-5910
Mr. Wells commented that the companies renting the containers are responsible for the
property tax.
The Commissioners commented on the motion on the floor.
Mayor Seaton called the question. Aye: (4). Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 03-10131 providing for the vacation of the drainage
portion of the drainage and utility easement located on Lots 1 — 4, Block 3, Woodland Hills Estates
Addition.
Mayor Seaton clarified that Ordinance No. 03-10131 was pasted on first reading on March
17, 2003 and since that time no comments have been received.
Moved by Commissioner Heath, seconded by Commissioner Divine, to adopt Ordinance
No. 03-10131 on second reading. A roll call vote was taken. Aye: (4) Divine, Heath, Jilka, Seaton.
Nay: (0). Motion carried.
(8.3) First reading Ordinance No. 03-10133 levying special assessments for street, drainage and
utility improvements.
Shawn O'Leary, Director of Engineering and General Services, explained the projects and
noted that the public hearing was set by the City Commission last week for April 7, 2003.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to pass Ordinance
No. 03-10133 on first reading. Aye: (4). Nay: (0). Motion carried.
(8.4) Approval of the 2003 Capital Improvement Program sub -plans.
Jason Gage, Assistant City Manager, explained the amendments. Mr. Gage then
responded to Commissioner Divine's inquiry regarding the plan.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the 2003
Capital Improvement Program sub -plans. Aye: (4). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Mayor Seaton noted that there would not be a City Commission meeting on March 31,
2003 and the next City Commission meeting is scheduled for April 7, 2003.
ADJOURNMENT
03-5911 Moved by Commissioner Heath, seconded by Commissioner Jilka, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 5:29 p.m.
'stin M. Sea n, Mayor
[SEAL]
ATTEST:
d
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Lieu Arm Nicola, City Clerk