04-08-2013 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
April 8, 2013
4:00 p.m.
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w The City Commission convened at 3:45 p.m. in a Study Session on 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.
Those present and comprising a quorum: Mayor Norman M. Jennings (presiding),
Commissioners Samantha P. Angell, Kaye J. Crawford, Aaron Householter, and Barb Shirley
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager; Greg
Bengtson, City Attorney; and Shandi Wicks, Deputy City Clerk
CITIZEN FORUM
Tracey Sin, 340 1/2S. Connecticut, asked if there has been any investigations regarding human
trafficking in Salina and if not he expressed a need for an investigation. Mayor Jennings
directed Mr. Sin to the City Manager's Office for procedural information on the investigation.
AWARDS AND PROCLAMATIONS
(4.1) The day of April 9, 2013 as "National Service Recognition Day" in the city of Salina.
Karen Houser with Catholic Charities read the proclamation and announced upcoming
events.
(4.2) The week of April 15 - 19, 2013 as "National Work Zone Awareness Week" in the city
of Salina. David Kohart read the proclamation and announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of April 1, 2013.
(6.2) Resolution No. 13-6996 appointing Mike Flory to the Building Advisory Board.
(6.3) Authorize the purchase of 13 traffic signal battery backup systems from Gades Sales in
the amount of $49,100.
(6.4) Award of contract for the 2013 Street Markings, Project No. 13-2959 to Highway
Signing, Inc. in the amount of $20,001.52.
13-0106 11 Moved by Commissioner Crawford, seconded by Commissioner Householter, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #SP13-1 (filed by Elite Wireless on behalf of Nex-Tech Wireless) requesting
approval of a Special Permit (Class C) to allow the placement of a Wireless
Communication Facility in a PDD R-1 (Single Family Residential) district. The subject
property is the Kenwood Cove Aquatic Center located in the Kenwood Park Addition
which is addressed as 701 West Kenwood Park Drive.
(7.1a) Resolution No. 13-6994.
Dean Andrew, Director of Planning, explained the request, application standards, and
Planning Commission's recommendation.
Mayor Jennings respected the recommendation from the Parks & Recreation
Department, but he did not feel it would be a good location for the facility and would
take away from any future development.
Commissioner Householter concurred with Mayor Jennings and would be happy to
work with the applicant in looking for a different location.
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Mayor Jennings noted that the City Commission had the option to return the
application to have different locations identified.
Richard Gaito, Nex-Tech Wirless, explained the process in determining the location and
is very interested in working with the City of Salina for placement.
w A discussion followed between Mr. Gaito, Commissioner Householter, and
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Commissioner Angell regarding the location, site distance, and placement on future
buildings or the Bicentennial Center.
Mr. Gaito noted that they would be putting five carriers into the tower.
U Mike Schrage, Deputy City Manager, noted the height of the tower in reference to a
building structure.
A discussion followed between Jason Gage, City Manager, Commissioner Householter,
Dion Louthan, Director of Parks and Recreation, Mayor Jennings, Commissioner
Angell, and Mr. Gaito regarding locating the facility beside the Bicentennial Center,
placement of the tower further west and/or to the south of the current proposal, land
beautification, and use of the ice skating rink in Oakdale Park.
Mr. Gaito suggested a tower location by the 4-H Building area. Further conversations
took place between Mr. Gage, Mr. Andrew, Mayor Jennings, and Commissioner
Householter regarding identifying alternative locations, locating the tower by the
storage building, and future building use.
Mr. Andrew noted the City Commission action needed if other location alternatives
would need to be explored.
A discussion followed between Mayor Jennings and Commissioner Householter of use
of green spaces, proposed location of the tower, and future development.
13-0107 II Moved by Commissioner Crawford, seconded by Commissioner Shirley, to approve
Resolution No. 13-6994 including the recommendation from the Planning Commission and
requesting the applicant to modify the proposed pole location.
A discussion followed between Greg Bengston, City Attorney, Mr. Andrew, and
Commissioner Crawford in providing findings.
Motion withdrawn.
13-0108 Moved by Commissioner Crawford, seconded by Commissioner Householter, to approve
Resolution No. 13-6994 and changing the proposed location of the proposed facility so it
would not be visually obtrusive or incompatible with its surroundings which are all
public/quasi-public facilities. Aye: (5). Nay: (0). Motion carried.
(7.2) Application No. P13 -2/2A for the acceptance of offered utility easement and access
control dedications on a final plat of a portion of City owned property acquired as part
of the North Ohio Overpass Project (to be platted and known as the Ohio and York
Addition). The subject property is located on the north and south sides of York Avenue
west of North Ohio Street.
Dean Andrew, Director of Planning, explained the request, lot design, easement and
dedications and Planning Commission recommendation.
13-0108 II Moved by Commissioner Householter, seconded by Commissioner Shirley, to authorize the
Mayor to sign the Ohio and York Addition plat and to both dedicate and accept the easement
and restricted access dedications on behalf of the City. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 13-10685 establishing a SAFB RI/FS multi-year capital
improvements fund.
Mayor Jennings noted that Ordinance No. 13-10685 was passed on first reading on
April 1, 2013 and since that time no comments have been received.
13-0109 Moved by Commissioner Householter, seconded by Commissioner Crawford, to adopt
Ordinance No. 13-10685 on second reading. A roll call vote was taken. Aye: (5) Angell,
Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried.
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(8.2) Second reading Ordinance No. 13-10689 establishing a solid waste multi-year capital
improvements fund.
Mayor Jennings noted that Ordinance No. 13-10689 was passed on first reading on
April 1, 2013 and since that time no comments have been received.
13-0110 Moved by Commissioner Shirley, seconded by Commissioner Householter, to adopt
Ordinance No. 13-10689 on second reading. A roll call vote was taken. Aye: (5) Angell,
Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried.
3 (8.3) Second reading Ordinance No. 13-10690 establishing a multi-year capital
improvements fund for Kenwood Cove.
Mayor Jennings noted that Ordinance No. 13-10690 was passed on first reading on
April 1, 2013 and since that time no comments have been received.
13-0111 Moved by Commissioner Crawford, seconded by Commissioner Householter, to adopt
Ordinance No. 13-10690 on second reading. A roll call vote was taken. Aye: (5) Angell,
Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried.
(8.4) Resolution No. 13-6995 authorizing the Mayor to execute the Agreement to Transfer
Real Estate with the Rebecca Lynn Augustine Trust #2
Greg Bengtson, City Attorney, explained the transfer of property.
13-0112 11 Moved by Commissioner Householter, seconded by Commissioner Crawford, to adopt
Resolution No. 13-6995. Aye: (5). Nay: (0). Motion carried.
(8.5) Property Maintenance Code.
Michael Schrage, Deputy City Manager, explained the proposed code, Building
Advisory Board review and recommendations, staff and legal edits and proposed
ordinances.
' A discussion followed between Mr. Schrage, Commissioner Angell, Mayor Jennings,
Commissioner Crawford, Director of Planning Dean Andrew, City Manager Jason
Gage, and City Attorney Greg Bengtson regarding cultivated gardens, prairie grass,
parking on un -surfaced or grassy areas in commercial areas, ball fields, and parks,
current surfacing standards, driving surface allowed in a residential front yard, paving
on top of utilities, inoperable vehicles, pest control, foundation walls, enforcement, and
violation notices.
Don Marrs, 2035 E. Iron, expressed the importance of text amendments and concerns
with enforcement.
Mayor Jennings requested that Mr. Schrage to describe the modifications and changes.
Mr. Schrage responded.
Discussions between Mr. Bengtson and Commissioner Angell followed pertaining to
search warrant and testing requirements.
Mayor Jennings felt that there are problematic issues with the item; however, if passed
it would be step in helping the community. He expressed his concerns with the 90 -day
implementation period, feeling that it was not enough time. Mr. Schrage and Mr. Gage
responded.
Conservations ensued between City Commission, Mr. Schrage, Mr. Gage pertaining to
' parking in the grass at the Bicentennial Center for the River Festival, ornamental
grasses designations, special permits for parking, and enforcement for commercial
properties.
The City Commission recessed for five minutes break at 6:50 p.m. and reconvene at 6:57
p.m.
Mr. Schrage responded to Mayor Jennings and Commissioner Angell's questions
pertaining to non -nuisance related items.
Commissioner Householter expressed his support for the regulations. Commissioner
Angell also expressed her concerns and opposition.
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13-0113 11 Moved by Commissioner Householter to pass Ordinance No. 13-10688 on first reading.
Motion died due to lack of a second.
13-0114 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass
Ordinance No. 13-10691 on first reading. Aye: (5). Nay: (0). Motion carried.
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13-0115 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass
Ordinance No. 13-10692 on first reading. Aye: (5). Nay: (0). Motion carried.
' 13-0 6 Moved by Commissioner Householter, seconded by Commissioner Shirley, to pass Ordinance
No. 13-10693 on first reading. Aye: (3). Nay: (2) Angell, Jennings. Motion carried.
13-01.17 Moved by Commissioner Householter, seconded by Commissioner Shirley, to pass Ordinance
No. 13-10694 on first reading with a modification of parking in all yard to Section 85 (a)(14)
and work on adding special events temporary in nature. Aye: (4). Nay: (1) Jennings. Motion
carried.
OTHER BUSINESS
13-0118 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into
executive session for 30 minutes for the purpose of discussing matters pertaining to non-
elected City personnel for the reason that public discussion of the matter would violate the
privacy rights of the non -elected personnel involved; and reconvene at 7:55 p.m.
Commissioner Householter left at 8:31 p.m.
Commissioner Shirley left at 8:50 p.m.
The City Commission reconvened at 9:09 p.m. No action was taken.
ADJOURNMENT
' 13-0119 II Moved by Commissioner Angell, seconded by Commissioner Crawford, that the regular
meeting of the Board of City Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried.
The meeting adjourned at 9:09 p.m.
[SEAL]
Lieu Ann Elsey, CMC, GO Clerk
Norman M. ennings, Mayor
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