11-06-2000 MinutesCommission
Action #
consoueaiea sauna
00-2690
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
November 6, 2000
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session to discuss Finance and C.I.P.
Quarterly Reports and the Ohio/1-70 Utilities Project potential. 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 Kristin M. Seaton
Commissioner Don Heath
Commissioner Larry L. Mathews
Commissioner Monte Shadwick
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Barbara R. Weber, Deputy City Clerk
Judy D. Long, City Clerk
None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Report on Petition No. 4214 requesting the vacation of street right-of-way on Chicago
Street between South Street and Spruce Street.
The public hearing was opened.
Shawn O'Leary, Director of Engineering and General Services, explained the staff
recommendation to continue this public hearing until November 27, 2000 to allow the City Planning
Commission to consider the vacation.
There being no further comments, the hearing closed.
Moved by Commissioner Seaton, seconded by Commissioner Shadwick, to continue the
public hearing until November 27, 2000. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of October 23, 2000.
(6.2) Award the contract for the 2000 Fall Street Marking, Project No. 00-1260, to Mark Rite
Lines of Montana, Inc. in the amount of $16,835.00.
(6.3) Resolution Number 00-5659 appointing members to the Arts and Humanities
Commission, the Heritage Commission, and the Board of Zoning Appeals.
Commission
Action ##
consm�eaieessma
00-2691
00-2692
00-26931
(6.4) Levying fees and receiving the 2001 Budget for Business Improvement District No. 1.
(6.4a) Approving Ordinance Number 00-10006, on first reading, levying the 2001
Business Improvement District No. 1 Service fees.
(6.4b) Acknowledging receipt of the amended 2001 Budget for Business Improvement
District No. 1.
(6.5) Resolution Number 00-5660, authorizing support for the redevelopment of the Uptown
Apartments, a proposed low-income apartment complex to be built at 801 N. Santa Fe.
(6.6) Approving the purchase of the new personal computer network file server from Office
Integration, Inc. in the amount of $19,957.00.
(6.7) Resolution Number 00-5657, authorizing a lease agreement with USD #305 to provide
for the occupancy of space in Memorial Hall.
(6.8) Resolution Number 00-5658 authorizing an agreement with Agler and Gaeddart
Chartered, Certified Public Accountants, for an audit of City records for the year ending December
31, 2000, in the amount of $29,500.
Moved by Commissioner Heath, seconded by Commissioner Seaton, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z00-8, filed by Archie Ponton, Jerry Callabresi and Fred Oliver, requesting
a change in zoning district classification on four (4) lots on the south side of Armory Road from C-3
(Shopping Center) District to I-2 (Light Industrial).
(7.1a) First reading Ordinance Number 00-10008.
Dean Andrew, Director of Planning and Community Development, explained the
application, request, and the City Planning Commission recommendation to approve a lesser change
than requested: from C-3 to C-5 instead of C-3 to I-2, which would maintain the requirement that all
driving and parking areas be paved with asphalt or concrete and that front yard areas be landscaped.
Mr. Andrew explained that an I-1 classification would satisfy the application and that it had not been
part of the City Planning Commission's consideration.
Jerry Callabresi, 1311 Armory Road, supported the I-1 classification over the C-5
classification as it allows for manufacturing.
A discussion followed regarding the I-1 classification.
Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve
Ordinance Number 00-10008 for first reading, changing the zoning classification to I-1, Industrial
Park, and amending the Comprehensive Plan. Aye: (5). Nay: (0). Motion carried.
(7.2) Application #A00-5 filed by Bob Wasko on behalf of Tony Johnson requesting
annexation of approximately three (3) acres located between the north end of Front Street and the
City's flood control levee.
(7.2a) First reading Ordinance Number 00-10009.
Dean Andrew, Director of Planning and Community Development, explained the
application, request, the development policies contained in the City's Comprehensive Plan that are
relevant to this annexation, and the City Planning Commission recommendation to approve the
annexation ordinance on first reading. Briefly, this request will allow the replacement of a mobile
home with a site built home.
Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to approve the
application and Ordinance Number 00-10009 for first reading. Aye: (5). Nay: (0). Motion carried.
Commission
Action #
'11
00-2695
00-26
ADMINISTRATION
(8.1) Second reading Ordinance Number 00-10002 annexing approximately one hundred
ninety-eight (198) acres North of Magnolia Road and East of Markley Road.
Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt
Ordinance Number 00-10002 on second reading. A roll call vote was taken. Aye: (4), Mathews,
Heath, Shadwick, Jilka. Nay: (0). Abstain: (1), Seaton. Motion carried.
(8.2) Second reading Ordinance Number 00-10003 changing the City's Primary Growth area
boundaries.
Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt
Ordinance Number 00-10003 on second reading. A roll call vote was taken. Aye: (4), Heath,
Shadwick, Mathews, Jilka. Nay: (0). Abstain: (1), Seaton. Motion carried.
(8.3) First Reading Ordinance Number 00-10007 repealing Ordinance Number 98-9868
regarding the acquisition of certain real property by eminent domain.
Greg Bengtson, City Attorney, explained that the prior ordinance authorized the
acquisition of fourteen and twenty-six hundredths (14.26) acres owned by Golden Eagle Estates, Inc.
for the purpose of improving the flood control system in southeast Salina. Staff was subsequently
directed on October 23, 2000 to instead pursue dedication by the same property owner of an additional
fifty (50) feet of storm drainage right-of-way along the West boundary of a tract of real estate North
of Wayne Street for the purpose of enhancing the detention and storage capacity of the existing
drainage channel.
Moved by Commissioner Seaton, seconded by Commissioner Shadwick, to approve
Ordinance Number 98-9868 for first reading.
Moved by Commissioner Seaton, seconded by Commissioner Heath, to amend the prior
motion to approve Ordinance Number 00-10007 for first reading. Aye: (5). Nay: (0). Motion carried.
(8.4) First Reading Ordinance Number 00-10010 amending Chapter 25 of the Salina Code
regarding offenses against public safety by defining certain words and phrases and adding provisions
regarding the inhalation of toxic vapors.
Chief Hill, Police Department, explained this little known form of legal substance abuse
as discussed at the October 23, 2000 City Commission Study Session. This ordinance will provide
police officers with legal authority to intervene in this behavior and provide the opportunity for court
ordered treatment for the inhalant abuser. In closing, he stated that once the inhalant abuse problem
in Salina is uncovered and identified, grant and other funding sources for education awareness efforts
and treatment programs may be sought. In response to Commission inquiry the Chief agreed that this
can be tracked and the results given to the City Commission in a year.
Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to approve
Ordinance Number 00-10010 for first reading. Aye: (5). Nay: (0). Motion carried.
(8.5) Approval of Supplemental Agreement (Task Order No. 3) relating to groundwater
monitoring at the Salina Municipal Solid Waste Landfill Facility.
Don Hoff, Director of Utilities, explained the Kansas Department of Health and
Environment (KDHE) requirement that the City of Salina furnish additional information regarding
groundwater contaminants in the landfill area. This agreement is supplemental to the Camp, Dresser
and McKee, Inc. agreement authorized on January 6, 2000.
Moved by Commissioner Heath, seconded by Commissioner Mathews, to approve the
agreement as submitted by Camp, Dresser and McKee, Inc. in an amount not to exceed $27,900. Aye:
(5). Nay: (0). Motion carried.
Commission
Action #
00-2691
(9.1) Dennis Kissinger, City Manager, asked for consideration of an additional item. He
explained the upcoming Saline County Delinquent Tax Sale and noted that three (3) of the properties
have $11,000 each in special assessments. He asked the Commission for authorization to bid up to
that amount.
Moved by Commissioner Mathews, seconded by Commissioner Shadwick, that the City
Commission authorize and direct the City Manager or his designee, pursuant to K.S.A. 79-2804I, to
bid an amount not to exceed the judgement lien for delinquent ad valorem property taxes and the City
of Salina special assessment on each of those properties subject to delinquent City of Salina special
assessments which are scheduled for auction at the November 8, 2000, Saline County Sheriff's Sale.
Aye: (5). Nay: (0). Motion carried.
(8.6) Consideration of a request from D.S.&O. Rural Electric Cooperative Association, Inc. for
issuance of a franchise allowing them to provide electric service within the Salina city limits.
Dennis Kissinger, City Manager, noted that Commissioner Seaton has a conflict of
interest with this item and will not be voting. Commissioner Heath has disclosed a financial interest
in Kansas Power and Light (KPL), which the City Attorney determined would not prevent him from
taking action on this item.
The City Commission recessed for a break at 4:40 p.m. and reconvened at 4:48 p.m. to
consider this item.
Dennis Kissinger, City Manager, gave the staff report explaining the request to service
approximately two hundred (200) acres of land southeast of the current city limits which has been
preliminarily approved for annexation in the Magnolia/Markley Road area. He explained the factors
reviewed by staff and detailed two (2) options identified by staff that the Commission might consider
by motion on this issue:
Option 1: If the Commission believes that the D.S.&O. electric franchise
request as presented is not in the public interest at this time, and that further
legal and administrative work in preparing a franchise ordinance would be
unlikely to resolve the issues leading to that conclusion, a motion could be
considered to deny the franchise request.
Option 2: If the Commission believes that the franchise request as presented
outlines a policy option which should be pursued further, a motion could be
made to direct the City Manager and City Attorney, in consultation with the
applicant, to prepare a complete D.S.&O. electric franchise ordinance for
Commission consideration. In drafting that franchise ordinance, staff would
make every effort to effectively address items of concern, including rate
issues, as identified by the City Commission.
Don Hellwig, D.S.&O. General Manager, was present with members of the D.S.&O.
Board of Trustees. Mr. Hellwig explained the franchise request, stated that the Board of Trustees,
elected annually, has the authority to govern rates and is willing to develop a rate that matches the
KPL rate. He supported the second option given to the Commission noting that D.S.&O. is installing
new technologies to reduce the urban -rural split. He also stated that D.S.&O. sees growth as
beneficial to their membership even at a reduced rate.
A discussion followed between Mr. Hellwig, Mr. Kissinger, and the Commission
pertaining to rates and costs.
Mr. Hellwig stated that D.S.&O. is ready to take the (financial) risk to serve the area,
admitted there is no experience in these areas, and would like to work with staff. He said that in the
worst case if the City and D.S.&O. can't work it out in sixty (60) days then the Commission could
deny the ordinance. He also stated that non -for-profit D.S.&O. would lose less with the franchise than
they will if they lose the territory and the investments already made in this area.
Frank Norton, property owner involved, spoke regarding the best interest of Salina and
rates. He commented regarding making rates the same then compared the "players" differences. He
clarified that by D.S.&O. minimizing their loses they would start with a disadvantage from the
Commission
Action #
beginning. He stated that the City would have the responsibility to ensure that billing processes are
the same. The second risk he noted is the long-term service to the area asking what if the board is
replaced and the new board changes their mind, what then? The Kansas Corporation Commission
(KCC) can refuse to transfer the territory to KPL in the future whereas now the KCC has to transfer
the territory if the franchise is not granted. He spoke against a service on a trail basis and asked why
we would take these chances.
Bob Wasko, attorney for the First Covenant Church representing members present, spoke
regarding rate parity, supported the KCC's right to not transfer certificated areas., asked who is going
to regulate the rates, and detailed the various terminologies used. He stated that how to determine
charges will fall to the City and explained that timing is of significant concern right now. In closing,
he supported denial of the franchise
Mayor Jilka asked Mr. Kissinger about the transfer of a franchise and was told that no one
can answer "what if."
Mr. Kissinger then noted that the City Commission might wish to recess into executive
session prior to considering action in order to obtain legal advice and discuss matters of attorney-client
privilege related to this issue. He also noted that the City Attorney can summarize today's
discussions.
00-2700 Moved by Commissioner Shadwick, seconded by Commissioner Mathews, that the City
Commission recess into executive session prior to considering action in order to obtain legal advice
and discuss matters of attorney-client privilege related to the issue (for the reason that public
discussion of the matter would waive that privilege and adversely affect the City's interests in the
matter) for ten (10) minutes; and reconvene in this room at 6:02 p.m. Aye: (5). Nay: (0). Abstain:
(1), Seaton. Motion carried.
The City Commission recessed into executive session at 5:52 p.m. and reconvened at
6:05 p.m.
00-2701 Moved by Commissioner Mathews, seconded by Commissioner Shadwick, that the City Commission
reconvene into the current executive session for five (5) additional minutes. Aye: (4). Nay: (0).
Abstain: (1), Seaton. Motion carried.
The City Commission recessed into executive session at 6:05 p.m. and reconvened at
6:10 p.m.
Commissioner Shadwick asked the City Attorney to review the pros and cons of
developing the franchise.
Greg Bengtson, City Attorney, gave a summary of points made in favor of the franchise
and then summarized those against the franchise.
In turn each Commissioner spoke against the franchise.
00-2702 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to deny the
franchise request. Aye: (4). Nay: (0). Abstain: (1), Seaton. Motion carried.
OTHER BUSINESS
(9.2) Mayor Jilka noted that tomorrow is Election Day and encouraged everyone to vote.
ADJOURNMENT
00-2703 Moved by Commissioner Heath, 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 6:20 p.m.
[SEAL] A an . Jilk Mayor
T:
�baraR.r, Deputy City Clerk