06-10-2013 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 10, 2013
4:00 p.m.
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The City Commission convened at 2:30 p.m. in a Study Session on 2014 Budget and Greeley
Bridge. 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
' s and a moment of silence.
3 Those present and comprising a quorum: Mayor Barbara V. Shirley (presiding),
Commissioners Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Aaron Householter
Also present: Jason A. Gage, City Manager; Michael D. Schrage, Deputy City Manager, Greg
Bengtson, City Attorney; and Lieu Ann Elsey, City Clerk
AWARDS AND PROCLAMATIONS
None.
CITIZEN FORUM
Tracey Sin, 340 1/2 S. Connecticut, expressed his appreciation of the Smoky Hill River
Festival.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of June 3, 2013.
(6.2) Authorize the City Manager to authorize the purchase of a used vehicle for the Fire
Department in an amount not to exceed $28,000.
13-0177 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 #Z13-3 (filed by Jeff Wells and neighboring property owners) requesting a
change in zoning district classification from C-1 (Residential Business) to C-2
(Neighborhood Shopping District) and R-2 (Multi -Family Residential) to allow beauty
salons and other neighborhood businesses and construction of a single-family attached
dwelling on Lot 27 on Hazel Court.
(7.1a) First reading Ordinance No. 13-10702.
Dean Andrew, Director of Planning, explained the request, C-1 and C-2 zoning, site
plan, and Planning Commission's recommendation. Mr. Andrew also responded to
Mayor Shirley's question regarding the zoning and land use of the property owned by
Ben Frick.
A discussion followed between Commissioner Blanchard, Mr. Andrew, Commissioner
Householter, and City Manager Jason Gage regarding landscaping and parking
requirements, down zoning property, zoning of the surrounding properties, and land use.
' Commissioner Blanchard expressed his concerns with rezoning Lot 27 and limiting
future commercial development.
Mayor Shirley expressed her concerns tying the request with an anticipation of a
possible future river project.
Commissioner Blanchard referred to the river master plan and clarified that regardless
of a river project, this would be an opportunity for future commercial development.
Mr. Andrew responded to Commissioner Hardy's question regarding conditional use
for Lot 27.
Jeff Maes, ComPro Realty, commented on the landscaping requirements, and that the
C-2 zoning allowed for what is presently being requested.
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ADMINISTRATION
(8.1) Second reading of Ordinance No. 13-10698 amending Chapter 25, Article VIII, Section
25-141 of the Salina Code pertaining to harassment by telecommunications device.
Mayor Shirley noted that Ordinance No. 13-10698 was passed on first reading on June
3, 2013 and since that time no comments have been received.
13-0182 Moved by Commissioner Householter, seconded by Commissioner Hardy, to adopt
Ordinance No. 13-10698 on second reading. A roll call vote was taken. Aye: (5) Blanchard,
Crawford, Hardy, Householter, Shirley. Nay: (0). Motion carried.
(8.2) Second reading of Ordinance No. 13-10699 amending Chapter 5, Section 5-18 and 5-67
of the Salina Code to allow Sunday sales of alcoholic liquor and cereal malt beverage in
the original package and sale of alcoholic liquor on certain holidays in the original
package.
Mayor Shirley noted that Ordinance No. 13-10699 was passed on first reading on June
3, 2013 and since that time no comments have been received.
13-0183 Moved by Commissioner Hardy, seconded by Commissioner Householter, to adopt
Ordinance No. 13-10699 on second reading. A roll call vote was taken. Aye: (5) Blanchard,
Crawford, Hardy, Householter, Shirley. Nay: (0). Motion carried.
(8.3) General Obligation Notes and Bonds, Series 2013-1 and 2013-B.
(8.3a) Resolution No. 13-7010 authorizing the offering for public sale of general
' obligation temporary notes and bonds.
(8.3b) First reading Ordinance No. 13-10701 authorizing the issuance and delivery of
general obligation bonds.
(8.3c) Resolution No. 13-7011 providing for the adoption of omnibus continuing
disclosure undertaking relating to obligation issued and to be issued by the City
of Salina.
Rod Franz, Director of Finance and Administration, explained the disclosure, issuances,
and projects to be funded. Mr. Franz then responded to Commissioner Blanchard's
questions regarding the North Ohio project relocation expenses.
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A discussion followed between Commissioner Blanchard, Mr. Gage, Commissioner
Householter, and Mr. Andrew regarding use of the C-2 and C-3 zoning, future
evaluation of the zoning of the area, and area being underutilized.
13-OE80
Moved by Commissioner Crawford, seconded by Commissioner Householter, to pass
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Ordinance No. 13-10702 on first reading.
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13-OJ81
Moved by Commissioner Blanchard, seconded by Commissioner Hardy, to amend Motion 13-
0180 by excluding Lot 27.
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Commissioner Blanchard stated that the same result could be achieved for Lot 27 by
using a conditional use.
Mr. Andrew responded to Commissioner Householter's question regarding the fee for
conditional use permit.
Commissioner Crawford expressed her concerns of having the property owners go
through the additional expense of applying for a conditional use.
Commissioner Blanchard expressed his concerns of down zoning the property, and felt
that it would send a mixed message, discourage redevelopment of the area, and is
consistent with the land use policy. He then restated his motion would remove Section
3 that refers to Lot 27 in Ordinance No. 13-10702.
Mayor Shirley called the question for Motion 13-0181. Aye: (3). Nay: (2) Crawford,
Shirley. Motion carried.
Mayor Shirley called the question for amended Motion 13-0180. Aye: (5). Nay: (0).
Motion carried.
ADMINISTRATION
(8.1) Second reading of Ordinance No. 13-10698 amending Chapter 25, Article VIII, Section
25-141 of the Salina Code pertaining to harassment by telecommunications device.
Mayor Shirley noted that Ordinance No. 13-10698 was passed on first reading on June
3, 2013 and since that time no comments have been received.
13-0182 Moved by Commissioner Householter, seconded by Commissioner Hardy, to adopt
Ordinance No. 13-10698 on second reading. A roll call vote was taken. Aye: (5) Blanchard,
Crawford, Hardy, Householter, Shirley. Nay: (0). Motion carried.
(8.2) Second reading of Ordinance No. 13-10699 amending Chapter 5, Section 5-18 and 5-67
of the Salina Code to allow Sunday sales of alcoholic liquor and cereal malt beverage in
the original package and sale of alcoholic liquor on certain holidays in the original
package.
Mayor Shirley noted that Ordinance No. 13-10699 was passed on first reading on June
3, 2013 and since that time no comments have been received.
13-0183 Moved by Commissioner Hardy, seconded by Commissioner Householter, to adopt
Ordinance No. 13-10699 on second reading. A roll call vote was taken. Aye: (5) Blanchard,
Crawford, Hardy, Householter, Shirley. Nay: (0). Motion carried.
(8.3) General Obligation Notes and Bonds, Series 2013-1 and 2013-B.
(8.3a) Resolution No. 13-7010 authorizing the offering for public sale of general
' obligation temporary notes and bonds.
(8.3b) First reading Ordinance No. 13-10701 authorizing the issuance and delivery of
general obligation bonds.
(8.3c) Resolution No. 13-7011 providing for the adoption of omnibus continuing
disclosure undertaking relating to obligation issued and to be issued by the City
of Salina.
Rod Franz, Director of Finance and Administration, explained the disclosure, issuances,
and projects to be funded. Mr. Franz then responded to Commissioner Blanchard's
questions regarding the North Ohio project relocation expenses.
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13-0184 Moved by Commissioner Crawford, seconded by Commissioner Householter, to adopt
Resolution No. 13-7010. Aye: (5). Nay: (0). Motion carried.
13-0V5 Moved by Commissioner Crawford, seconded by Commissioner Blanchard, to pass Ordinance
No. 13-10701 on first reading. Aye: (5). Nay: (0). Motion carried.
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13-0756 Moved by Commissioner Crawford, seconded by Commissioner Hardy, to adopt Resolution
No, 13-7011. Aye: (5). Nay: (0). Motion carried.
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' (8.4) First reading Ordinance No. 13-10700 amending Chapter 14, Article III, Division 2 of
U the Salina Code by amending Section 14-57.4 and adding Section 14-57.7.1 prohibiting
the sale and discharge of sky lanterns and granting the city manager or their designee
the authority to prohibit additional fireworks deemed to present an unexpected or
uncontrolled risk to persons or property.
Michael Schrage, Deputy City Manager, explained the current regulations, safety
concerns, and proposed ordinance.
A discussion followed between Commissioner Hardy, Commissioner Householter, City
Manager Jason Gage, City Attorney Greg Bengtson, Commissioner Blanchard, and Mr.
Schrage regarding designating city manager authority, public awareness, and appeal
process of the determination.
13-0187 Moved by Commissioner Householter, seconded by Commissioner Crawford, to pass
Ordinance No. 13-10700 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.5) Award of contract for the 2013 Concrete Pavement Rehabilitation, Project No. 12-2953.
Dan Stack, City Engineer, explained the project, bids received, and funding.
A discussion followed between Mayor Shirley, City Manager Jason Gage,
Commissioner Householter, Commissioner Blanchard, Commissioner Hardy, and Mr.
' Stack regarding the life span of the improvements, use of a base rock, soil conditions,
and construction traffic control.
13-0188 Moved by Commissioner Hardy, seconded by Commissioner Blanchard, to award of contract
for the 2013 Concrete Pavement Rehabilitation, Project No. 12-2953 (to Pavers, Inc. of Salina in
the amount of $598,530.82 with a 5% construction contingency of $29,926.54). Aye: (5). Nay:
(0). Motion carried.
(8.6) Request for an executive session (legal).
13-0189 Moved by Commissioner Householter, seconded by Commissioner Blanchard, to recess into
executive session for 30 minutes to discuss with legal counsel matters subject to the attorney-
client privilege for the reason that public discussion of those matters would waive the
privilege and adversely affect the City's interest in the matters and reconvene at 5:45 p.m.
Aye: (5). Nay: (0). Motion carried.
The Commission recessed at 5:15 p.m. and reconvened at 6:09 p.m. No action was
taken.
OTHER BUSINESS
None.
ADJOURNMENT
13-0190 Moved by Commissioner Householter, seconded by Commissioner Blanchard, that the regular
meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried.
The meeting adjourned at 6:09 p.m.
[SEAL]
Lieu Ann Elsey, CMC, 'ty Clerk
Barbara V. Shirley, Mayor
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