08-11-2003 MinutesCommission
Action #
Consoieaiea�sanna _ __
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 11, 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 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
CITIZEN FORUM
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) City Commission action pertaining to the adoption and related implementation matters for
the 2004 City of Salina budget.
(5.1a) Public hearing to take comments regarding the proposed 2004 budget.
(5.1b) Second reading Ordinance No. 03-10158 attesting to the possible increase in
taxes levied for budget year 2004 necessary to finance public services for the City of
Salina.
(5.1c) Resolution No. 03-5965 adopting the 2004 budget.
(5.1 d) Resolution No. 03-5966 providing for the appropriation, by fund, of the budget
of the City of Salina for the year beginning January 1, 2004.
(5.1e) Resolution No. 03-5967 adopting the City of Salina's Position Classification
and Salary Schedule, effective January 1, 2004.
(5.1f) Resolution No. 03-5968 establishing various fees for services in the City of
Salina.
Mayor Jilka opened the public hearing.
There being no comments, the public hearing was closed.
03-6072 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to adopt Ordinance
No. 03-10158 on second reading. A roll call vote was taken. Aye: (4) Marrs, Shadwick, Webb, Jilka.
Nay: (1) Divine. Motion carried.
Commission
Action #
03
03-607
03-607
03-60761
03-6077
03-6078
Moved by Commissioner Shadwick, seconded by Commissioner Marrs, to adopt Resolution
No. 03-5965. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Webb, seconded by Commissioner Shadwick, to adopt
Resolution No. 03-5966. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to adopt Resolution
No. 03-5967. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Webb, seconded by Commissioner Shadwick, to adopt
Resolution No. 03-5968.
Dennis Kissinger, City Manager, responded to Commissioner Divine's questions regarding
fee changes during the year.
Mayor Jilka called the question. Aye: (5). Nay: (0). Motion carried.
Mayor Jilka commented that the budget represented a lot of staff hard work and
dedication, and represents some difficult choices. The budget was not a long term solution and next
year more difficult choices will have to be made.
(5.2) Public hearing on Resolution No. 03-5970 consenting to the levy of 2.795 mills on each
dollar of assessed tangible valuation of the property within the City of Salina for the year 2003 for use
by Salina Airport Authority in 2004 for the purpose of making capital improvements and General
Obligation debt service at the Salina Municipal Airport and Salina Airport Industrial Center.
Mayor Jilka opened the public hearing.
Dennis Kissinger, City Manager, explained that the City of Salina created the Salina
Airport Authority in 1965 under Kansas State Law (K.S.A. 27-315 et seq.) and the City Commission
retains some oversight in specific areas such as board appointments, mill levy, general obligation
bonds, and condemnation of property. Mr. Kissinger continued to explain that the Airport Authority
is requesting approval of a mill levy totaling 2.795 for the purpose of making airfield capital
improvements, general obligation bond debt service, and public and environmental improvements at
the Salina Municipal Airport and Salina Airport Industrial Center.
There being no further comments, the public hearing was closed.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution
No. 03-5970. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of August 4, 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) Resolution expressing support for an affordable multi -family housing project to be located
south of Magnolia Road on the west side of I-135 (resolution to be numbered 03-5959).
Michael Morgan, Deputy City Manager, explained that Nye Development, L.L.C., of Doe
Run, Missouri, has submitted an application to the State of Kansas for federal income tax credits for
an affordable housing project to be located on the west side of I-135, south of Magnolia Road. Mr.
Morgan continued to explain that City staff is very supportive of efforts to develop additional good
quality affordable multi -family housing, but have serious reservations about the selection of the site
and the major obstacle to development is the lack of water and sanitary sewer infrastructure.
Commission
Action #
Co.1�,d1tedU1..a
03-6083
03-60
03-6085
1 •1:•
03-6087
1 •1::
Chief Eastin and Dennis Kissinger, City Manager, responded to Commissioner Marrs'
question regarding the need for an emergency.
Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 03-10163 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to declare an
emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner Webb, to adopt Ordinance
No. 03-10163 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.4) Resolution No. 03-5971 authorizing a license agreement with Cozy Inn Restaurant for
construction and maintenance of improvements in the public right-of-way on North Seventh Street.
Dean Andrew, Director of Planning and Community Development, explained the request
and the license agreement.
Mr. Andrew and Shawn O'Leary, Director of Engineering and General Services, responded
to Commissioner Webb's and Commissioner Marrs' questions regarding maintenance of the area and
Options 1 and 2 of the plan layouts.
Gregg Boyle, 18 Red Fox Lane, commented on his request and the preference of Option
1.
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to adopt
Resolution No. 03-5971. Aye: (5). Nay: (0). Motion carried.
(8.5) Change Order No. 1 for the 2003 Subdivision Improvements, Liberty Addition, Project No.
03-1404.
Shawn O'Leary, Director of Engineering and General Services, explained the project and
Change Order. Mr. O'Leary and City Manager Dennis Kissinger then responded to Commissioner
Webb's question regarding project financing.
Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to approve Change
Order No. 1 for the 2003 Subdivision Improvements, Liberty Addition, Project No. 03-1404 with
APAC-Kansas, Inc. Shears Division in the amount of $24,543.75. Aye: (5). Nay: (0). Motion
carried.
(8.6) Resolution No. 03-5973 stating the policy regarding the acquisition of real estate and the
payment of relocation expenses for the Grade Separation Project at North Ohio Street.
Greg Bengtson, City Attorney, explained that federal law dictates the rights of the property
owners and the required acquisition process. Mr. Bengtson continued to explain that the resolution
would authorize the City Manager to enter into contracts to purchase real property on the basis of the
City's initial offer of the appraised value and authorizes the process of relocation assistance in
accordance with federal law.
Commission Divine commented on the requirement of having a certified property appraiser
on the project team.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Resolution
No. 03-5973. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Michael Morgan, Deputy City Manager, provided a Municipal Court project update. He
also thanked Brad Johnson, Jane Eilers, Byron Erickson, Charles Rentz, Dave Larson, and Harbin
Construction for their involvement of the project.
Commission
Action #
�o�sada��sa,�a
1 •1:1
03-6081
03-60821
A discussion followed between the Commission, Dennis Kissinger, City Manager, Shawn
O'Leary, Director of Engineering and General Services, Don Hoff, Director of Utilities, Dean Andrew,
Director of Planning and Community Development, regarding the utility infrastructure, cost, special
assessments, cost recovery, annexation, final platting and zoning.
Gus Bogina, representative of Nye Development, commented on the need of the City
Commission's approval of a resolution of support by August 24, 2003 to be considered for tax credits.
Mr. Bogina also responded to Commissioner Shadwick regarding the state issuance of tax credits.
Brett Johnson, Overland Park Ventures, Overland Park, commented on his firm's plans to
build a low-income apartment complex on South Ohio and are also seeking tai; credits from the state
after receiving their resolution of support from the City Commission in January.
Commissioner Marrs commented as seeing the development being an asset to the city, but
felt it was not right for this particular site.
Commissioner Divine commented on the need for housing and the state issuance of the tax
credits.
Moved by Commissioner Divine to adopt Alternate `B" and assign the resolution number
03-5959. Motion died due to lack of second.
Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to decline a
resolution of support expressing support for affordable multi -family housing project to be located
south of Magnolia Road on the west side of I-135. Aye: (4). Nay: (1) Divine. Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 03-10160 providing for a change in zoning district
classification from R (Single -Family Residential) to I-2 (Light Industrial) on property addressed as
1226 E. Woodland Avenue.
Lieu Ann Nicola, City Clerk, clarified that Ordinance No. 03-10160 was passed on first
reading on August 4, 2003 with an additional request that staff develop a plan to take into
consideration improvements for neighborhoods that have substandard public infrastructure facilities
and since that time no comments have been received.
Moved by Commissioner Shadwick, seconded by Commissioner Webb, to adopt Ordinance
No. 03-10160 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 03-10161 providing for a change in zoning district
classification from R (Single -Family Residential) to I-2 (Light Industrial) on property addressed as
1327 E. Prospect Avenue.
Lieu Ann Nicola, City Clerk, clarified that Ordinance No. 03-10161 was passed on first
reading on August 4, 2003 and since that time no comments have been received.
Moved by Commissioner Shadwick, seconded by Commissioner Webb, to adopt Ordinance
No. 03-10161 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.3) First reading Ordinance No. 03-10163 authorizing the City Manager to execute a contract
for fire protection of property located outside the city limits (3021 E. Country Club Road).
(8.3a) Declare an emergency exists for second reading on the same day.
(8.3b) Second reading Ordinance No. 03-10163.
Fire Chief Darrell Eastin explained the contract for rural fire protection to be located at
3021 E. Country Club Road.
Commission
Action #
ADJOURNMENT
03-6088II Moved by Commissioner Marrs, 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 5:17 p.m.
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk
Alan E. Jilka,ayor