04-07-2003 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
April 7, 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:
Dennis M. Kissinger, City Manager
Greg Bengtson, City Attorney
Lieu Ann Nicola, City Clerk
Absent: Commissioner Monte D. Shadwick
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The month of April 2003 as "Fair Housing Month" in the City of Salina. Sandra Beverly,
Equal Opportunity Specialist, read the proclamation.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Ordinance No. 03-10133 levying special assessments for certain
improvements for 2001/2002.
(5.1a) Second reading Ordinance No. 03-10133.
(5. lb) Resolution No. 03-5922 and Resolution No. 03-5923 declaring the City of
Salina's intent to pre -pay certain special assessments relating to the South Marymount
Street Improvements, Project No. 01-1274 and the Fifth Street and Stimmel Road Sanitary
Sewer Improvements, Project No. 01-1265.
Mayor Seaton opened the public hearing.
Shawn O'Leary, Director of Engineering and General Services, explained the projects and
cost breakdown of the projects. Mr. O'Leary also responded to Mayor Seaton's question regarding the
cost distribution.
Nelson Swarts, owner of a vacant lot in the Mariposa Addition, commented on the
appraised value of his lot.
Dennis Kissinger, City Manager, explained to Mr. Swarts that the method of assessment
was based on equal assessments for all the properties included in the benefit district and any questions
regarding the appraised value of the property would need to be directed to the County Appraiser's
Office.
Dedra Morgan, 1533 N. Fifth Street, questioned the amount of assessment for her property
that was included in the Fifth Street and Stimmel Road project and what would the interest rate be if
assessed over the 15 years.
Mr. O'Leary and Mr. Kissinger explained that the assessment of Ms. Morgan's property
Commission
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03-5912
03-5913
is $5,000 and the interest rate is unknown until the sale of the bond, but they suspect the interest rate
to be in the range of three to four percent.
Pat Lappin, 1130 Marymount Road, questioned the benefits of her property in the South
Marymount Street Improvements.
Mr. Kissinger explained that the only improvement that was assessed to the benefit district
was the street construction and the city -at -large is paying for all other improvements in the project.
Mr. Kissinger continued to explain to Ms. Lappin as to why her property was included in the benefit
district.
A discussion followed between Mr. Kissinger and Commissioner Divine regarding pre-
payment options.
There being no further comments, the public hearing was closed.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Ordinance
No. 03-10133 on second reading. A roll call vote was taken. Aye: (4) Divine, Heath, Jilka, Seaton.
Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Heath, to adopt Resolution
No. 03-5922 and Resolution No. 03-5923. Aye: (4). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of March 24, 2003.
(6.2) Resolution No. 03-5918 authorizing an agreement with PATDAN, Inc. for operation of
concessions at East Crawford Recreation Area.
(6.3) Resolution No. 03-5919 authorizing an agreement with Camp Dresser and McKee, Inc.
for annual engineering services in an amount not to exceed $38,000.
(6.4) Resolution No. 03-5921 authorizing the City Manager to expend an amount not to exceed
$12,240 for the acquisition from and removal by George Lay Signs, Inc. of four billboard signs located
on property acquired by the City of Salina for construction of the Water Well Road — I-135 Interchange
Project.
(6.5) Resolution No. 03-5924 authorizing a Changer Order with F&H Insulation for Phase 2
asbestos abatement services for the Police Department Building and current Municipal Court facility.
(6.6) Change Order No. 3 on the 2002 Curb and Gutter/Concrete Pavement Improvements,
Project No. 02-1365 with Pavers, Inc. in the amount of $54,877.40.
(6.7) Authorize purchase of a portable air compressor from White Star Machinery & Supply in
the amount of $10,314.
(6.8) Award of contract for the Sanitary Sewer Manhole Reconstruction Project No. 03-1386
to Midlands Contracting, Inc. in the amount of $45,865.
(6.9) Authorize the City Manager to submit an application to the Federal Emergency
Management Agency's U.S. Fire Administration.
(6.10) Continuation of hearing on licensing and potential closure issues for Patio Mobile Home
Park to May 5, 2003.
Shawn O'Leary, Director of Engineering and General Services, responded to Commissioner
Divine's inquiry regarding the billboard signs in Item 6.4.
Michael Morgan, Deputy City Manager, gave a status report regarding Item 6.10.
03-5914 Moved by Commissioner Heath, seconded by Commissioner Divine, to approve the
consent agenda as presented. Aye: (4). Nay: (0). Motion carried.
Commission
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03-5915
DEVELOPMENT BUSINESS
(7.1) Hospital -Medical Zoning
(7.1a) Application #Z02-2, filed by the Salina City Planning Commission, requesting
amendment to Article VI of the Salina Code by adding Division 10. 1, Sections 42-24
through 42-247 of the Salina Code to create a Hospital -Medical (H -M) District.
(7.1b) Application #Z03-2, filed by the Salina City Planning Commission, requesting a
amendment to the official zoning map of the City of Salina for the purpose of mapping
newly established H -M (Hospital -Medical) District zoning classification around the Sant
Fe Campus of the Salina Regional Health Center.
(i) First reading Ordinance No. 03-10134.
(7.1c) Application #M02-3, filed by the Salina City Planning Commission, requesting
an amendment to Salina's Comprehensive Plan to create a new H -M (Hospital -Medical,
land use category as part of the Salina's Future Land Use Plan.
(i) First reading Ordinance No. 03-10140.
Mayor Seaton excused herself due to conflict of interest.
Vice -Mayor Jilka assumed the chair.
Dean Andrew, Director of Planning and Community Development, explained the requests
the proposed ordinances, memorandum of understanding, and the Planning Commission's
recommendations. Mr. Andrew noted that there are modifications regarding the setbacks along Fifth
Street and the maximum lot coverage. Mr. Andrew then responded to Commissioner Divine's question
by explaining that the members of the Hospital -Medical Working Group received the information that
had been provided to the City Commission for the April 7, 2003 meeting and clarified the definition
of a "lot."
Commissioner Heath spoke in reference to a letter submitted by Karen Probert regarding
her support of the applications contingent upon the adoption of a separate amendment to the Land Use
Policies section of the Comprehensive Plan to incorporate some of the principles agreed upon by the
Hospital -Medical Working Group.
Mr. Andrew explained that City Staff's role has been to provide structure to the working
group and take recommendations and incorporate policies and changes to the Comprehensive Plan for
consideration.
Romaine Swenson, 117 Skyline Drive, stated his opposition towards the approval of the
proposed ordinances and the effect the H -M zoning district would have on his rental properties located
at 446, 448, and 450 S. Seventh Street. Mr. Swenson also read and submitted a letter to the City
Commission from his attorney, Joseph R. Borich III of Overland Park, Kansas.
A brief discussion followed between Mr. Swenson, Mr. Kissinger, and Commissioner Jilka
regarding the reference to the Golden vs. Overland Park case in Mr. Borich's letter.
Rob Peters, 115 W. Prescott, expressed his concerns of the memorandum of understanding
and referred to the letter his wife, Karen Probert, submitted to the City Commission.
A discussion followed between Commissioner Heath, Commissioner Divine, Mr.
Kissinger, and Mr. Andrew regarding the memorandum of understanding and the possibility of acting
Dn Item 7.1 a and 7.1 b and deferring 7.1 c until a later date.
Moved by Commissioner Divine, seconded by Commissioner Heath, to amend Chapter
12, Article VI of the Salina Code to add Division 10. 1, Sections 42-241 through 42-247 to create a
3ospital-Medical (H -M) District on first reading (Ordinance No. 03-10139). Aye: (3). Nay: (0).
kbstain: (1) Seaton. Motion carried.
Mr. Andrew explained that Ordinance No. 03-10134 would only rezone seven tracts in the
iewly established H -M zoning district around the Santa Fe Campus of the Salina Regional Health
Commission
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Center and the rezoning for the Penn Campus will come to the City Commission at a later date.
Mr. Andrew then responded to Jim Ravencamp, 652 S. Santa Fe, regarding the H -M
district boundaries.
03-5916 Moved by Commissioner Heath, seconded by Commissioner Divine, to pass Ordinance
No. 03-10134 on first reading. Aye: (3). Nay: (0). Abstain: (1) Seaton. Motion carried.
03-5917 Moved by Commissioner Divine, seconded by Commissioner Heath, to table the
consideration of Ordinance No. 03-10140 on first reading indefinitely and directed staff to bring back
for City Commission consideration after the staff, community, and Planning Commission policy work
has been completed. Aye: (3). Nay: (0). Abstain: (1) Seaton. Motion carried.
Mayor Seaton resumed the chair.
(7.2) Applications #A03-2, Z03-3 and P03-1/1, filed by Roy Applequist on behalf of South Ohio
Land, L.L.C., requesting annexation, a change in zoning district classification from Saline County AG
to C-1, and approval of a final plat of a 9.45 acre tract of land located south of Schilling Road and east
of and adjacent to the Union Pacific railroad tracks.
(7.2a) First reading Ordinance No. 03-10135 (annexation).
(7.2b) First reading Ordinance No. 03-10136 (zoning).
(7.2c) Approval of the final plat of Liberty Addition.
Dean Andrew, Director of Planning and Community Development, explained the requests
and that the property owners have agreed to annex the remaining part of the property in the future.
Dennis Kissinger, City Manager and Shawn O'Leary, Director of Engineering and General
Services, spoke of the plans of future development of the property.
James Hall, South Ohio Land, L.L.C., thanked staff for the work done and made himself
available for any further questions.
03-5918 Moved by Commissioner Jilka, seconded by Commissioner Heath, to pass Ordinance No.
03-10135 on first reading. Aye: (4). Nay: (0). Motion carried.
03-5919 Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance No.
03-10136 on first reading. Aye: (4). Nay: (0). Motion carried.
03-5920 Moved by Commissioner Heath, seconded by Commissioner Jilka, to approval of the final
plat of a 9.45 acre tract of land located south of Schilling Road and east of and adjacent to the Union
Pacific railroad tracts in the Northwest Quarter of the Northeast Quarter of Section 1, Township 15
South, Range 3 West of the 6th PM in Saline County, Kansas to be platted and known as the Liberty
Addition. Aye: (4). Nay: (0). Motion carried.
(7.3) Applications #A03-1 and PDD03-1, filed by Rex Vanier, requesting annexation, rezoning
from Saline County AG to PDD R, R-1 and R-2 and approval of a preliminary development plan for
a 94.07 acre tract of land located at the south end of Marymount Road west of the Elks Club in the
Southeast Quarter of Section 19, Township 14 South, Range 2 West and the Northeast Quarter of
Section 30, Township 14 South Range 2 West in Saline County, Kansas.
(7.3a) First reading Ordinance No. 03-10137 (annexation).
(7.3b) First reading Ordinance No. 03-10138 (zoning).
Dean Andrew, Director of Planning and Community Development, explained the requests.
Mr. Andrew also noted that staff would be contacting the property owner of 1514 S. Marymount Road
for voluntary annexation.
Dennis Kissinger, City Manager, and Shawn O'Leary, Director of Engineering and General
Services, explained the plans for future development of the addition. They also responded to
Commissioner Jilka's inquiry regarding extending Cloud Street.
Ken Wasserman, 213 S. Santa Fe, representing Rex Vanier, made himself available for
any additional questions.
Commission
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03-5921
03-5923
03-5924
Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance No.
03-10137 on first reading. Aye: (4). Nay: (0). Motion carried.
Moved by Commissioner Heath, seconded by Commissioner Divine, to pass Ordinance
No. 03-10138 on first reading. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 03-10129 amending Chapter 42, Section 42-59 of the Salina
Code pertaining to the temporary use of semi -trailers and cargo containers.
Dean Andrew, Director of Planning and Community Development, explained the proposed
ordinance. Mr. Andrew then responded to Commissioner Divine's question regarding the provisions
of the use of semi -trailers and cargo containers in the C-5 and C-3 Districts.
David Wells, Flex Storage, 656 N. Broadway, commented on his opposition towards the
ordinance and questioned Mr. Andrew on the number of complaints regarding the semi -trailers and
cargo containers used for storage. Mr. Wells then commented on the tax equity concerns of
Commissioner Divine's from the March 24, 2003 City Commission meeting.
A discussion followed between Mr. Wells, Commissioner Jilka, Commissioner Heath,
Mayor Seaton, City Manger Dennis Kissinger, and Mr. Andrew regarding the current provisions in C-5
and C-3 Districts, the minimum square footage requirements, 90 -day time limit, the aesthetics of the
containers, temporary use permits, and the conditional use permits.
Commissioner Heath, Commissioner Divine, and Mayor Seaton commented on the
proposed ordinance.
Mayor Seaton called for a motion.
Ordinance No. 03-10129 failed due to lack of a motion.
(8.2) Resolution No. 03-5920 appointing members to the Human Relations Commission,
Planning Commission, and the Board of Zoning Appeals.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution
No. 03-5920.
Mayor Seaton read the appointments and called the question. Aye: (4). Nay: (0). Motion
carried.
(8.3) Resolution No. 03-5925 authorizing an interlocal agreement with Saline County for
AS/400 computer usage and service.
Jason Gage, Assistant City Manager, explained that since 1990 the City of Salina has
provided computer technology services to Saline County to increase overall productivity while
reducing unnecessary capital, administrative, personnel and other related overhead costs to the local
taxpayers. He then summarized the services provided and the service costs.
Mr. Gage continued to explain that on April 22, 2002 the City received notification from
Saline County terminating their 1998 interlocal agreement, effective December 31, 2002, and to enter
into a new agreement for AS/400 computer services. Mr. Gage outlined the proposed agreement and
that staff is still in the process of determining the final cost for the continuation of the full services and
technical support to Saline County from January 1 through February 28, 2003.
Discussions followed between Commissioner Divine and Mr. Gage regarding outstanding
debts in reference to computer hardware, disconnect safeguards, and hardware purchased with grant
funds.
City Manger Dennis Kissinger and Mr. Gage responded to Commissioner Jilka's question
regarding cost savings, explaining that Saline County felt that the new agreement was in the best
interest of the public.
Commission
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03
03-5
Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Resolution
No. 03-5925. Aye: (4). Nay: (0). Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
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 6:47 p.m.
0j,
Alan E. Jil,AMayo
[SEA]L]
ATTEST:
Lieu Ann Nicola, City Clerk