09-22-2003 MinutesCommission
Action #
03-6125
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 22, 2003
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a report on a potential 2004
curbside recycling pilot program. 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 Arm Nicola, City Clerk
Absent: None
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Resolution No. 03-5972 expressing gratitude and appreciation to Patricia J. Schempp for
her employment with the City of Salina from April 6, 1981 to September 30, 2003.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Resolution No. 03-5972. Aye: (5). Nay: (0). Motion carried.
Mayor Jilka presented a plaque of appreciation to Patricia Schempp.
(4.2) Presentation of plaques of appreciation to outgoing members of Citizen Boards and
Commissions.
Mayor Jilka presented plaques to Louise Appleby, Robert Hamman, Rita Cooper, and Ray
Salmon. Mayor Jilka also expressed his appreciation to outgoing board members Jane Alsop, Patrick
Bihlmaier, Thomas Gates, Harold Cooley, Jr., Jerry Hinrikus, Brenda Smith, John Reynolds, Hampton
McDowell, Michael Allen, Randall Hardy, Mark Ritter, and Darrell Victory.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of September 15, 2003.
(6.2) Resolution No. 03-5983 authorizing an agreement with Kaw Valley Engineering for design
engineering services relating to the RiverRun Addition off-site watermain improvement project in an
amount not to exceed $11,500.
(6.3) Approve Change Order No. 3 for the Water Treatment Plant Improvements, Phase II,
Project No. 00-1244 with Walters -Morgan Construction in an amount of $71,116.14.
Commission
Action #
���odaaasa�a
03-61
03-61
03-61
(6.4) Resolution No. 03-5994 changing the name of a street in the Liberty Addition from
Courtland Street to Cortland Circle.
(6.5) Authorize acceptance of proposals from Ponton Construction, Inc. for remodeling certain
areas of the Salina Police Department, in an amount of $21,295.
Moved by Commissioner Shadwick, seconded by Commissioner ]Divine, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application No. Z0341, filed by Lee Haworth Construction Company, requesting a change
in zoning district classification from Saline County AG (Agricultural) and PDD R-2 (Multi -Family
Residential) to R-1 (Single -Family Residential) to allow development of a residential subdivision on
a 34 acre tract located at the northeast corner of Marymount Road and Cloud Street north of the Elks
Country Club (to be known as Cedar Ridge Addition).
(7.1 a) First reading Ordinance No. 03-10167.
Dean Andrew, Director of Planning and Community Development, explained the request,
the Planning Commission's recommendation, and noted that the second reading would occur when
the final plat has been approved.
A discussion followed between Commissioner Divine and Mr. Andrew regarding PDD
zoning, sidewalk improvements, public utilities, and Cloud Street ownership.
Moved by Commissioner Webb, seconded by Commissioner Divine, to pass Ordinance
No. 03-10167 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) Application No. Z03-12, filed by South Ohio Land, L.L.C., requesting a change in zoning
district classification from A-1 (Agricultural) to Planned C-5 (Service Commercial), Planned C-6
(Heavy Commercial) and I-2 (Light Industrial) to allow development of a 19 :lot business park on a
135 acre tract located at the southwest corner of Ohio Street and Schilling Road (to be known as
Liberty Addition No. 2).
(7.2a) First reading Ordinance No. 03-10168.
Dean Andrew, Director of Planning and Community Development, explained the request,
the Planning Commission's recommendation, and proposed amendments to the Comprehensive Plan.
Mr. Andrew also noted that the second reading of the ordinance would occur once the final plat has
been approved.
A discussion followed between Commissioner Marrs and Mr. Andrew regarding C-1 and
C-5 zoning, right-of-ways, and land ownership. Commissioner Marrs expressed his disappointment
of receiving the zoning request for the Liberty Addition and for the future Liberty Addition No. 2 in
two separate applications.
A discussion then followed between Commissioner Divine, Commissioner Marrs, City
Manager Dennis Kissinger, and Mr. Andrew regarding the number of acres, use of covenants, and the
City Commission's ability to grant a zoning that would be less intense than the proposed C-5 zoning.
James Hall, South Ohio Land, L.L.C., commented on the request and use of covenants to
deal with land use restrictions. Mr. Hall then responded to Commissioner Webb's question regarding
future land use.
Mr. Andrew responded to Commissioner Marrs' questions regarding the use of a variance.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to return Application
No. Z03-12 to the Planning Commission for reconsideration citing the Commission's concerns
regarding the latitude of uses with the C-5 zoning along the north tier of the property and work with
the developer so that we can amicably resolve the joint desire to have the best result we can in all of
the City of Salina. Aye: (5). Nay: (0). Motion carried.
Commission
Action #
��,o��daee5a��a
03-6125
03-613(
03-6131
03-6131
ADMINISTRATION
(8.1) Resolutions initiating proceedings for bridge improvements on North Ninth Street,
construction of a new bridge on Lakewood Drive, and relocation of the Historic Lakewood Bridge.
(8.1a) Resolution No. 03-5986.
(8.1b) Resolution No. 03-5987.
(8.1c) Resolution No. 03-5988.
Rodney Franz, Director of Finance and Administration, explained that the resolutions
provide for the issuance of temporary notes and/or long term bonds to finance the cost of the
improvements.
A discussion followed between Commissioner Marrs, City Manager Dennis Kissinger,
Director of Engineering and General Services Shawn O'Leary, and Mr. Franz regarding project cost
sharing with Kansas Department of Transportation (KDOT).
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution
No. 03-5986. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Resolution
No. 03-5987. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Resolution
No. 03-5988. Aye: (5). Nay: (0). Motion carried.
(8.2) Award of bid for the installation of a security fence at the Water Treatment Plant site,
Project No. 03-1416.
Don Hoff, Director of Utilities, explained the project, bids received on September 16, 2003
and project financing. Mr. Hoff then responded to Commissioner Divine regarding the possible
exterior aesthetic and public art components.
City Manager Dennis Kissinger and Mr. Hoff both responded to Commissioner Shadwick
regarding fencing warranty.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to award the bid
for the installation of a security fence at the Water Treatment Plant site, Prcject No. 03-1416 to
Dellinger Fence Company in the amount of $62,005. Aye: (5). Nay: (0). Motion carried.
(8.3) Final consideration of the submittal of a 2004 Community Development Block Grant
(CDBG) application on behalf of the Salina Cares Health Clinic, Inc.
(8.3a) Resolution No. 03-5992 authorizing the preparation and failing with the Kansas
Department of Commerce of a Small Cities Community Development Block Grant
(CDBG) for fiscal year 2004.
(8.3b) Resolution No. 03-5993 assuring the Kansas Department of Commerce that
funds will be continually provided for the operation and maintenance of the new health
clinic building to be financed with Community Development Block Grant (CDBG) funds.
(8.3c) Resolution No. 03-5995 authorizing an agreement for implementation of the
2004 Community Development Block Grant Project.
Mayor Jilka turned over the gavel to Vice -Mayor Shadwick and excused himself from the
quorum due to conflict of interest.
Judy Brengman, Neighborhood Services Coordinator, explained the application, required
resolutions, and the agreement.
Commission
Action #
03-613
A discussion followed between Commissioner Marrs, City Manager Dennis Kissinger, and
Ms. Brengman regarding assuring the funds for the operation and maintenance of the new health
clinic.
Ms. Brengman and Mr. Kissinger responded to Commissioner Divine's inquiry regarding
the annual operation and maintenance cost of the health clinic. Mr. Kissinger noted that a clause in
the resolution would be correct for better clarification pertaining to the $8,000 operation and
maintenance cost.
Moved by Commissioner Divine, seconded by Commissioner Manes, to adopt Resolution
No. 03-5992 (with correction). Aye: (4). Nay: (0). Abstain: (1) Jilka. Motion carried.
03-6133 Moved by Commissioner Marrs, seconded by Commissioner Divine, to adopt Resolution
No. 03-5993. Aye: (4). Nay: (0). Abstain (1) Jilka. Motion carried.
03-6134 Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Resolution
No. 03-5995. Aye: (4). Nay: (1). Abstain: (1) Jilka. Motion carried.
Mayor Jilka resumed the chair.
OTHER BUSINESS
(9.1) First reading Ordinance No. 03-10169 establishing a moratorium on the issuance on city -
required permits for work on real estate to be acquired by the City of Salina, Kansas for the Grade
Separation Project at North Ohio Street.
Dennis Kissinger, City Manager, explained that real estate acquisition and relocation
process regarding the North Ohio Grade Separation Project is actively underway. Mr. Kissinger
continued to explain that a recent issuance of a permit for work to be performed on one of the tracts,
which is subject to current negotiations, prompted the request for the moratorium.
Mr. Kissinger responded to Commissioner Divine's inquiry regarding which permits
would be effected. Mr. Kissinger clarified that permit application would be handled on a case by case
basis, and the applicant could appeal to the Board of Commissioners if the permit application was
denied.
03-6135II Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 03-10169 on first reading. Aye: (5). Nay: (0). Motion carried.
ADJOURNMENT
03-6136 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 5:31 p.m.
&V-
Alan E. Jilka,Jyjo'r
[SEAL]
ATTEST:
ara R. Weber, Deputy City Clerk