03-22-2004 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
March 22, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for Miscellaneous Staff Reports,
Museum Staff Report, Gallery Project and Santa Fe Days Update. 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
Michael Morgan, Deputy City Manager
Lieu Ann Elsey, City Clerk
Absent: None
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Presentation of plaques of appreciation to outgoing citizen board members.
Mayor Jilka presented a plaque to Maria Powell for her service. Mayor Jilka also thanked
Kindra Burton, Brian Hopkins, Nancy Chandler and Kevin Hopkins for their service.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearings on final site plan of a Hospice Center and on the street and drainage
improvements of Holly Lane (Items a, b and c continued from February 23, 2004).
(5.1a) Application #CU03-2, filed by Hospice of Salina, Inc., requesting final site
approval to allow construction of a Hospice Center in an R (Single -Family Residential)
zoning district.
(5.1b) Resolution No. 04-6048 setting out the findings and determinations on the
advisability of street and drainage improvements of Holly Lane (Phase I).
(5.1 c) Resolution No. 04-6049 authorizing street and drainage improvements of Holly
Lane (Phase 1).
(5.1d) Resolution No. 04-6062 setting out the findings and determinations on the
advisability of street and drainage improvements of Holly Lane (full project).
(5.1 e) Resolution No. 04-6063 authorizing street and drainage improvements of Holly
Lane (full project).
Mayor Jilka reopened the public hearing.
Dean Andrew, Director of Planning and Community Development, explained the request,
Planning Commission's recommendation, and the site plan.
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�I A discussion followed between Commissioner Marrs, City Manager Dennis Kissinger,
Director of Public Works Shawn O'Leary, and Mr. Andrew regarding parking, parking minimum
requirements, Hospice's future plans for additional parking, and street width standards.
Mr. Kissinger and Mr. Andrew then commented on the landscape plan and building
elevations.
Bob Brown, 315 Sunset Drive, commented on the landscape plan and Hospice's memorial
tree program.
Mr. O'Leary explained that since the February 23, 2004 meeting, city staff has provided
extensive additional information to all property owners impacted by the project and on March 17,
2004, staff held a property owner information meeting to discuss and answer specific questions
regarding the project. Mr. O'Leary continued to explain that item 5.1 b and 5.1 c would result in
improvements to a portion of Holly Lane; item 5.1 d and 5.1 e would incorporate improvements to all
of Holly Lane and including the cul-de-sac.
Mr. Kissinger noted that the City Commission could require Hospice to consent not to
protest future improvements to Holly Lane if the phase project is considered.
A discussion followed between the City Commission, Mr. O'Leary, Mr. Kissinger, and
Mr. Andrew regarding if a consensus was met by the property owners at the meeting conducted on
March 17, 2004, past projects that would have been phased, lot sizes, and method of determining
equivalent units.
A discussion followed between Commissioner Divine, Mr. Kissinger, and Mr. O'Leary
regarding delayed assessments, cost recovery and the benefit district.
Kim Fair, Executive Director of Hospice, commented on the site plan, the proposed
improvements in the phased project, buffering, and the organization's memorial tree program.
Jeff Gilliam, architect representing Hospice, commented on the landscape plan, proposed
accesses, parking and building elevation.
Dana Morse, 731 Holly Lane, commented on the landscape plan and support of the
proposed entrances and exits. He then noted his support of the project that would only improve a
portion of Holly Lane and require Hospice to consent to not protest any future improvements to Holly
Lane.
Mr. O'Leary responded to Mr. Morse's questions regarding building elevation being raised
and special assessments.
Mr. Kissinger responded to Mayor Jilka's questions regarding protest procedures.
Ken Wasserman, 213 S. Santa Fe, representing owners of Lot 6 and 7 (North McArthur
and Debra DeBiasse), expressed their support of developing only a portion of Holly Lane.
A discussion followed between Commissioner Marrs, Commissioner Shadwick, Mayor
Jilka, Mr. Gilliam, Mr. Andrew and Mr. Kissinger regarding parking space requirements, future
parking expansions, and requiring revisions to the site plan to come back to the City Commission for
approval.
Commissioner Marrs commented on his opposition of the application, noting the direct
access to an arterial street requirement.
A discussion between Commissioner Marrs and Commissioner Divine pertaining to
variances.
Mr. Gilliam responded to Commissioner Shadwick and Commissioner Webb on bringing
revisions of future parking expansions back to the City Commission and future parking expansion
locations.
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04-63161Moved by Commissioner Shadwick, seconded by Commissioner Marrs, to approve the
Application #CU03-2 with any future parking changes or expansion to the site plan to be brought back
to the City Commission for approval. Aye: (5). Nay: (0).
Moved by Commissioner Divine to adopt Resolution No. 04-6062 on the advisability of
street and drainage improvements to all of Holly Lane and including the cul-de-sac. Motion died due
to lack of second.
Commissioner Divine commented setting a precedence of only developing a portion of
Holly Lane.
A discussion followed between Commissioner Shadwick, Commissioner Divine, Mr.
O'Leary, and Mr. Kissinger regarding replatting or vacating the southern portion of Holly Lane.
Mr. Morse commented on his preference to vacate the remaining undeveloped portion of
Holly Lane.
Mayor Jilka closed all public hearings.
04-6317' Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Resolution
No. 04-6048 with Hospice giving consent not to protest any future street improvements of the
remainder of Holly Lane. Aye: (4). Nay: (1) Divine. Motion carried.
04-6318 Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Resolution
No. 04-6049. Aye: (4). Nay: (1) Divine. Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of March 15, 2004.
04-6319 Moved by Commissioner Marrs, seconded by Commissioner Webb,to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Cedar Ridge Subdivision
(7.1 a) Application #P03 -6A, filed by Lee Haworth Construction Company, requesting
approval of a final plat of the Cedar Ridge Addition.
(7. lb) Resolution No. 04-6060 changing the name of a public street in the Mariposa
Addition.
(7.1c) Second reading Ordinance No. 03-10167 providing for a change in zoning
district classification from Saline County AG (Agricultural) and PDD R-2 (Multi -Family
Residential) to R (Single -Family Residential) District.
(7.1d) Resolution No. 04-6061 finding as to the advisability and authorizing
construction of improvements in the Cedar Ridge Addition (Project No. 04-1422).
Dean Andrew, Director of Planning and Community Development, explained the request,
Planning Commission's recommendation and conditions, and the proposed plat. Mr. Andrew also
noted that the applicant is proposing to vacate both the platted right-of-way and the roadway easement
for Cloud Street through the platting process. Staff is recommending that a temporary roadway
easement be retained and that Cloud Street be left open until Cedar Ridge Drive is completed.
Mr. Andrew continued to explain that the applicant is also requesting that Mariposa Drive
and Cloud Street west of Markley Road be changed to Cedar Ridge Drive.
A discussion followed between Commissioner Divine, Commissioner Webb,
Commissioner Marrs, and Mr. Andrew regarding lot sizes, maintenance through the Homeowner's
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Association, and emergency access of Edgewood Drive.
Bob Haworth, applicant, commented on landscaping plans, lighting, covenants, and the
common area maintenance.
Michael Morgan, Deputy City Manager, complimented staff and the applicant to their
work and collaboration.
04-6320 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to authorize the
Mayor to sign the plat and accept the offered easement, right-of-way and restricted access dedications.
Aye: (5). Nay: (0). Motion carried.
04-6321 Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Resolution
No. 04-6060. Aye: (5). Nay: (0). Motion carried.
04-6322 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Ordinance No. 03-10167 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs,
Shadwick, Webb, Jilka. Nay: (0). Motion carried.
04-6323'' Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Resolution
No. 04-6061. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) First reading Ordinance No. 04-10189 levying special assessments and setting April 5,
2004 as the date of the public hearing.
Brad Johnson, City Engineer, explained the project and project costs
04-6324 Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 04-10189 on first reading and set April 5, 2004 as the date of public hearing on said assessments
and direct the city clerk to publish a notice of the public hearing and mail a notice to each property
owner. Aye: (5). Nay: (0). Motion carried.
(8.2) First reading Ordinance No. 04-10190 amending Chapter 38, Article H of the Salina Code
by adding Section 38-35 pertaining to notice of change of address and name on driver's license.
Michael Morgan, Deputy City Manager, explained the code addition.
04-6325'' Moved by Commissioner Shadwick, seconded by Commissioner Divine, to pass Ordinance
No. 04-10190 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) First reading Ordinance No. 04-10191 levying a.25 percent (equal to 1/40) retailers' sales
tax and calling a special meeting for adoption of Ordinance No. 04-10191 on second reading.
Dennis Kissinger, City Manager, explained that state law provides that the governing body
must adopt an ordinance for the levy of taxes.
04-6326 Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 04-10191 of first reading and call a special meeting for Thursday, March 25, 2004 at 7:45 a.m.
Aye: (5). Nay: (0). Motion carried.
(8.4) Authorize the City Manager to submit an application to the Department of Homeland
Security/Office of Domestic Preparedness/U.S. Fire Administration 2004 Assistance to Firefighter's
Grant Program.
Fire Chief Darrell Eastin explained the grant program and grant cost -share. Chief Eastin
also noted that they would be applying for vehicle acquisition for the hazardous; materials operation.
04-6327. Moved by Commissioner Marrs, seconded by Commissioner Divine, to authorize the City
Manager to submit an application to the Department of Homeland Security/Office of Domestic
Preparedness/U.S. Fire Administration 2004 Assistance to Firefighter's Grant Program. Aye: (5).
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Nay: (0). Motion carried.
(8.5) Authorizing the offering for sale of General Obligation Advance Refunding Bonds.
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Rodney Franz, Director of Finance and Administration, explained the proposal to refund
it the callable portions of bond issuances 1995-A, 1996-A, 1997-A, 1998-A, 1999-A, and 2000-A.
04-6328 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to proceed with
the refunding plan as presented. Aye: (5). Nay: (0). Motion carried.
04-6329
04-6330
OTHER BUSINESS
(9.1) Resolution No. 04-6064 authorizing the deviation from the policy regarding the granting
of exemptions from ad valorem taxation for economic development purposes.
Commissioner Marrs excused himself from the quorum due to conflict of interest.
Dennis Kissinger, City Manager, explained the deviation from policies and procedures
related to granting of property tax exemptions for economic development projects.
Moved by Commissioner Webb, seconded by Commissioner Shadwick, to adopt
Resolution No. 04-6064. Aye: (4). Nay: (0). Abstained: (1) Marrs. Motion carried.
ADJOURNMENT
Moved by Commissioner Marrs, 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 6:20 p.m.
[SEAL]
ATTEST:
Lieu Ann Elsey, City Clerk
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Alan E. JilkaPayoi.q
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