05-12-2003 MinutesCommission
Action #
03-5954
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 12, 2003
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session on Recycling Plans/Policy Options.
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 Alan E. Jilka, Chairman presiding
Commissioner Deborah P. Divine
Commissioner Donnie D. Marrs
Commissioner Monte D. Shadwick
Commissioner Paul G. Webb
comprising a quorum of the Board, also present:
Dennis M. Kissinger, City Manager
Greg Bengtson, City Attorney
Lieu Ann Nicola, City Clerk
Absent: None
(3.1) None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The week of May 11 — 17, 2003 as "National Police Week" in the City of Salina. Rev.
Garlen Howington, Police Chaplain, read the proclamation and announced upcoming events.
(4.2) The week of May 12 — 19, 2003 as "Local Historic Preservation Week" in the City of
Salina. Rob Peters, Heritage Commission Chairman, read the proclamation and announced upcoming
events.
(4.3) Presentation of board plaques for outgoing youth members.
Mayor Jilka presented a plaque of appreciation to Anton Bengtson for his services on the
Parks & Recreation Advisory Board from June 2002 to May 2003.
Mayor Jilka also expressed his appreciation to Abby Maxwell for her services on the Arts
& Humanities Commission from June 2002 to May 2003.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) None.
CONSENT AGENDA
(6.1) Approve the minutes of May 5, 2003.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #SR02-1, filed by the Salina City Planning Commission, requesting an
amendment of Section 36-74.1 of the Salina Code to establish minimum design and paving standards
for private streets in residential subdivisions.
Commission
Action #
�saoaaiea�sa��na
03-595`_
— 03-5956
03-5957
03-59581
(7.1a) First reading Ordinance No. 03-10144.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation. Mr. Andrew continued to explained that the
proposed ordinance would incorporate the changes of the minimum paving width, curb and gutter
required at the roadway edges, and specify a minimum sub base depth and paving thickness.
A discussion followed between City Manager Dennis Kissinger, Mr. Andrew and the City
Commission regarding Subsection 4, under 36-74.1(b), waiver process, and establishment of future
maintenance funds, the minimum standards set out in the proposed ordinance, and the variance
process.
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to send
Application #SR02-1 back to the Planning Commission for future study on the issuance of waivers
and a provision of establishing proof of future maintenance obligation and guarantee by private funds
for private streets.
Commissioner Divine and Commissioner Shadwick commended the Salina City Planning
Commission for the work they had done.
Mayor Jilka called the question. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 03-10143 providing for an amendment to Chapter 42,
Article VI, Sections 42-145 and 42-160 pertaining to bulk regulations in the R and R-1 districts.
Lieu Ann Nicola, City Clerk, clarified that Ordinance No. 03-10143 was passed on first
reading on May 5, 2003 and since that time no comments have been received.
Moved by Commissioner Shadwick, seconded by Commissioner Webb, to adopt Ordinance
No. 03-10143 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.2) Resolution No. 03-5933 appointing a member to the Business Improvement District No.
1 Board of Advisors.
Mayor Jilka asked for a motion to postpone the consideration of Resolution No. 03-5933
until the May 19, 2003 meeting.
Moved by Commissioner Divine, seconded by Commissioner Webb, to postpone the
consideration of Resolution No. 03-5933 until the May 19, 2003 meeting. Aye: (5). Nay: (0). Motion
carried.
(8.3) Resolution No. 03-5934 appointing youth representatives to the Parks and Recreation
Advisory Board and the Arts and Humanities Commission.
Mayor Jilka announced that Sally Maxwell has been appointed to the Parks and Recreation
Advisory Board and Nicholas Pool has been appointed to the Arts and Humanities Commission.
City Manager Dennis Kissinger explained the appointment process for youth
representatives as requested by Commissioner Divine.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Resolution No. 03-5934. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution No. 03-5935 authorizing an agreement for workers compensation, third party
administrator services, with Berkley Risk Administrators Company, LLC.
Jason Gage, Assistant City Manager, explained the workers compensation program and
the proposed agreement.
Commission
Action #
03-5
03-59601
Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to adopt Resolution
No. 03-5935. Aye: (5). Nay: (0). Motion carried.
(8.5) Staff report and City Commission discussion of local options related to sale of packaged
alcohol on Sundays and certain holidays.
Dennis Kissinger, City Manager, explained K.S.A. 41-712 of the Liquor Control Act. He
continued to explain that in 2002, in response to concerns to major events at the NASCAR complex,
the Unified Government of Wyandotte Count/KCK received a legal opinion that Kansas liquor control
statutes were not uniformly applicable to all cities and were subject to home rule modification by local
government. Wyandotte County/KCK and Edwardsville passed home rule ordinances and the Kansas
Attorney General's office challenged these home rule ordinances in District Court which ruled in favor
of the local governments.
Greg Bengtson, City Attorney, explained "home rule", the procedure for adoption of a
charter ordinance, petition for referendum, governing body -initiated referendum election, and the
requirement to file each charter ordinance with the Secretary of State. Mr. Bengtson clarified the
meaning of "not uniformly applicable to all cities" as requested by Commissioner Divine.
A discussion followed between Mr. Bengtson and Commissioner Shadwick regarding the
timeframe as to the appeal process being prepared by the Attorney General's office.
Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to determine that
the City of Salina does not have an interest in proceeding further and to close the issue. Aye: (5).
Nay: (0). Motion carried.
(8.6) Staff report on licensing and potential closure issues for Patio Mobile Home Park.
Michael Morgan, Deputy City Manager, explained that city staff has presented a license
compliance order to the owner of Patio Mobile Home Park, which was rejected. Mr. Morgan
continued to explain that the compliance order would grant a 2003 license with the conditions of the
order to be corrected and/or completed by December 31, 2003. Mr. Morgan summarized the
conditions to be met and recommended a formal hearing be held on May 19, 2003 if a compliance
agreement has not been met.
A discussion followed between Mr. Morgan and Commissioner Divine regarding the
maximum number of units allowed in the park.
Millard Pace, Patio Mobile Home Park owner, commented on the adequacy of the water
and sewer system, exposure of pipes for inspection, and requested a license be issued without any
conditions.
Mr. Morgan commented on numerous complaints received and an engineer's report
submitted by Pete Earles on behalf of Patio Mobile Home Park.
Don Hoff, Director of Utilities, commented on the engineer's report and noted that Pete
Earles and he agreed on three critical locations for exposing the pipes.
Mr. Morgan and Dennis Kissinger, City Manager, commented that the license compliance
order was done at the request of Mr. Pace's attorney.
Mr. Pace commented on the basis of the engineer's report.
Mayor Jilka expressed his support for a formal hearing.
A discussion followed between Mr. Morgan, Mr. Hoff, and Commissioner Divine regarding
exposure of the water lines and televising of the sanitary sewer lines.
Mr. Morgan commented on the licensing provision.
Commission
Action #
03-59611
03-5962
Moved by Commissioner Shadwick, seconded by Commissioner Marrs, to proceed with
the license compliance order and if not signed by the owner of Patio Mobile Home Park, to set a
hearing for May 19, 2003.
A discussion followed between Commissioner Divine and Mr. Morgan regarding citizens'
complaints, conditions that need to be improved, and the engineer's report.
A discussion then followed between Greg Bengtson, City Attorney, Mr. Pace, and Mr. Hoff
regarding the condition of allowing city access to inspect three separate water line locations to
determine the condition of the system.
Mr. Pace commented on the expense he would entail by allowing the cuts.
Mr. Pace and Commissioner Divine discussed the maximum unites allowed in the park is
39 until engineering documentation supports that the water system can serve additional units.
Mr. Kissinger asked the Commission to allow the City of Salina to accrue the expense of
cutting the lines.
Mr. Pace commented that he would like the City of Salina to use the three locations that
have already been cut.
A discussion followed with Mr. Kissinger and Mr. Pace regarding the conditions of the
license compliance order.
Mayor Jilka called the question. Aye: (5). Nay: (0).
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Marrs, 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 5:59 p.m.
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk
0�� '
Alan E. Jilka, ayor