11-24-2003 MinutesCommission
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
November 24, 2003
4:00 p.m.
The City Commission convened at 2:45 p.m. in a Study Session for an Information Presentation on
Wayfinding Signage. 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 Elsey, City Clerk
Absent: None
CITIZEN FORUM
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of November 17, 2003.
(6.2) Resolution No. 03-6011 naming the Oakdale Park tennis courts the "Ken Nordboe Tennis
Facililty."
Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) First reading Ordinance No. 03-10175 adopting the East Salina Master Plan as an
amendment to the Comprehensive Plan.
Dean Andrew, Director of Planning and Community Development, explained the plan.
Mr. Andrew noted that these public improvements have been identified and at this point there are no
funds allocated in the C.I.P. for these projects. In addition, the official adoption of the plan would not
commit the City to these improvements but would provide a roadmap or vision for this area. Mr.
Andrew then responded to Commissioner Marrs regarding the study area boundaries.
A discussion followed between Commissioner Webb, Shawn O'Leary, Director of
Engineering and General Services, and City Manager Dennis Kissinger regarding the traffic flow of
Seitz Drive.
Commission
Action #
03-6190
03-6191
Mr. O'Leary responded to Commissioner Shadwick's inquiry regarding flooding issues.
Commissioner Marrs commented on his appreciation of the efficiency and design of the
plan.
Mr. Andrew then responded to Commissioner Divine's questions regarding Section 3 of
the proposed ordinance pertaining to the Service Areas Map.
Moved by Commissioner Webb, seconded by Commissioner Divine, to pass Ordinance
No. 03-10175 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) Application No. Z03-14, filed by Archie J. Fry and Dennis M. Fry, requesting a change in
zoning district classification from R-2 (Multi -Family Residential) District to C-5 (Service
Commercial) District to allow commercial development on two adjacent properties (aka 330 and 332
S. Ohio Street).
(7.2a) First reading Ordinance No. 03-10176.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation of approving a change in zoning district
classification from R-2 (Multi -Family Residential) to R-3 (Multi -Family Residential) instead of the
requested C-5 (Service Commercial) District.
Mr. Andrew then responded to the City Commission's inquiries regarding the Ohio Street
corridor plan, comprehensive plan, land use plan, and granting of the lesser zoning request.
Moved by Commissioner Divine to postpone the consideration of Ordinance No. 03-10176
until staff could provide a comprehensive plan of Ohio Street from Iron Avenue to Greeley Street.
Motion died due to lack of second.
Moved by Commissioner Shadwick, seconded by Commissioner Webb, to pass Ordinance
No. 03-10176 on first reading.
Commissioner Divine asked Commissioner Shadwick to amend his motion to request staff
provide an Ohio Street Corridor report.
Commissioner Shadwick and Commissioner Webb concurred with the amendment.
Mayor Jilka and Commissioner Marrs commented on their opposition, stating they were
unsure of the property owners' feelings of receiving a lesser zoning change.
Mayor Jilka called the question of passing Ordinance No. 03-10176 on first reading and
request that staff provide an Ohio Street Corridor report. Aye: (3). Nay: (2). Motion carried.
(7.3) Application No. Z03-15, filed by Colleen A. Moran, requesting a change in zoning district
classification from R-1 (Single -Family Residential) District to PC -2 (Planned Neighborhood
Shopping) District on two adjacent residential properties to allow a child care center on each property
(aka 1920 Hageman Avenue and 538 Maple Avenue).
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation of granting a PC -2 (Planned Neighborhood
Shopping) District for just the property located at 538 Maple and subject to the following conditions.
1. Permitted uses shall be limited to all permitted and conditional uses in the R-1
District plus Child Care Centers. Any alterations to the existing structures and
properties shall be subject to review and approval of the Planning Commission.
No additions to the existing building footprint and no demolition of new
construction shall take place on the property without prior site plan approval by the
Planning Commission.
2. Use of the property shall be subject to all R-1 use and bulls regulations.
3. Maximum occupancy of the child care facility shall be 20 children.
4. No Certificate of Occupancy shall be issued for the Child Care Center until the site
has had a final inspection for compliance with Life Safety Code and Building Code
requirements.
Commission
Action #
03-6192
03-6193
Mr. Andrew and Shawn O'Leary, Director of Engineering and General Services, responded
to the City Commission's questions regarding permitted uses, traffic and accident analysis within the
proposed area, whether a child care is currently operating in the location, bulk regulations, the safety,
building codes, and fire code requirements, and foster care homes.
Mr. Andrew clarified that the proposed ordinance only included the zoning change for the
property located at 538 Maple. He also explained, as requested by Commissioner Shadwick, that the
Commission could overturn the Planning Commission's recommendation with four votes.
Mr. Andrew then responded to Commissioner Divine's questions regarding the operation
of a daycare facility 24 hours a day, 7 days a week.
Mr. O'Leary noted that the intent of the applicant is to provide childcare for families that
are involved with shift work and odd hours.
Colleen Moran, 2713 Bobby Place, applicant, explained they would like to keep a
residential environment for the children and not a school -like setting. She explained that they did not
have an issue with the maximum amount of children being 12 instead of the 20. She also commented
on the need in the community of childcare for people who work in shifts and :Mayor Jilka's inquiry
regarding the foster care homes.
Commissioner Shadwick applauded the applicant for their efforts, but felt that this was not
the best location for PC -5 zoning.
Moved by Commissioner Shadwick, seconded by Commissioner Webb, to overturn the
Planning Commission's recommendation on Application No. Z03-15 and deny Ordinance No. 03-
10177.
Mr. Andrew responded to Mayor Jilka's question regarding staff foreseeing any similar
requests. Mayor Jilka also noted that he did not want to set a precedence.
Commissioner Marrs commented on the zoning applying to the property and not the
building.
Commissioner Divine thanked the applicant and recognized the need for shift childcare,
but was reluctant to approve the request.
Mayor Jilka called the question of overturning the Planning Commission's
recommendation on Application No. Z03-15 and deny Ordinance No. 03-10177. Aye: (5). Nay: (0).
Motion carried.
ADMINISTRATION
(8.1) Authorized the City Manager to execute an agreement with Wilson & Company for
concept design and development of a master plan for a soccer complex, Project No. 03-1399.
Michael Morgan, Deputy City Manager, explained the 2002 — 2006 Capital Improvement
Plan includes a Soccer Complex and city staff was directed to conduct further analysis on concept
design, cost, location, partnerships, etc. In July of 2003, the City Commission authorized the purchase
of 64 acres at the southeast corner of North Ohio Street and Stimmel Road. Mr. Morgan continued
to explain that the Salina Soccer Club has agreed to 50% of the contract cost leaving a balance of
$27,441.
Mr. Morgan noted that Paula Knox representing the Salina Soccer Club and Troy
Eisenbraun, Wilson & Company, were available for questions.
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to authorize the
City Manager to execute an agreement with Wilson & Company for concept design and development
of a master plan for a soccer complex for a cost not to exceed $54,882. Aye: (5). Nay: (0). Motion
carried.
Commission
Action #
�osodaa�sa.a
03-6194
03-6195
03-6196
03-6197
(8.2) Second reading Ordinance No. 03-10172 levying Salina Business Improvement District
Number 1 service fees for 2004.
Dennis Kissinger, City Manager, explained that Ordinance No. 03-10172 was passed on
first reading and includes no increase in service fee rates for 2004. Mr. Kissinger also noted that the
Executive Summary of Salina Business Improvement District Survey, tabulation of responses to the
survey, and the status report on PUMA Market-based Downtown Plan and Summary of Activities
Report were included in his report.
Kent Buer, President Salina Downtown, Inc., thanked staff on their work in conducting the
survey and felt the feedback was beneficial.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Ordinance No. 03-10172 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs,
Shadwick, Webb, Jilka. Nay: (0). Motion carried.
(8.3) Second reading Ordinance No. 03-10174 amending Chapter 30, 7,rticle II of the Salina
Code pertaining to Merchant Security Services.
Mayor Jilka noted that Ordinance No. 03-10174 was passed on first reading on November
17, 2003 and since that time no comments have been received.
Commissioner Divine thanked staff for making the changes to Section 30-25.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Ordinance
No. 03-10174 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.4) Approval of Supplemental Engineering Agreement No. 5 for the North Ohio Overpass
Project, No. 00-1248
Shawn O'Leary, Director of Engineering and General Services, noted this item was also
discussed at the November 17, 2003 City Commission meeting and representatives from Wilson &
Company were available for questions. Mr. O'Leary explained that a field check plan review meeting
between KDOT officials, city staff and design consultants has been scheduled for December 2003.
A discussion followed between Commissioner Marrs, Commissioner Divine, and Mr.
O'Leary regarding the field check, and cost estimates.
Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize
Supplemental Engineering Agreement No. 5 for the North Ohio Overpass, PrOJect No. 00-1248 with
Wilson & Company in an amount not to exceed $556,337. Aye: (5). Nay: (0). Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Webb, seconded by Commissioner Divine, 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]
AT EST:
Lieu Ann Elsey, City Clerk
Alan E. Jilka, ayoi