04-05-2004 MinutesThe City Commission convened at 2:30 p.m. in a Study Session for a Intersection Safety Report, City -
County South 9t" Pavement Issues, Prescott House RFP Planning, and B.I.D. Accounts Receivable
Issues. 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
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The month of April 2004 as "Fair Housing Month" in the City of Salina. Gina McDonald,
Human Relations Commissioner, read the proclamation and announced upcoming events.
(4.2) The week of April 11 — 17, 2004 as "National Public Safety Telecommunicators Week"
in the City of Salina. Mike Marshall, Deputy Police Chief, read the proclamation.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on levying special assessments for street, drainage and water improvements.
(5.1a) Second reading Ordinance No. 04-10189
Mayor Jilka opened the public hearing.
Brad Johnson, City Engineer, explained the project and the cost breakdown.
James Hall, South Ohio Land, L.L.C., thanked staff and commented on his agreement of
the assessments.
There being no further comments, the public hearing was closed.
04-6333 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Ordinance No. 04-10189 on second reading. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay:
(0). Motion carried.
(5.2) Public hearing on Petition No. 4247 requesting to vacate an existing platted 66 -foot wide
natural gas line easement in Riffel Addition.
(5.2a) First reading Ordinance No. 04-10193.
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Commission
Action #
Mayor Jilka opened the public hearing.
Brad Johnson, City Engineer, explained the request. Mr. Johnson also noted that only a
portion of the request would be granted; by vacating the easement across Lot 2, Block 2, Riffel
Addition.
A discussion followed between Commissioner Divine, Commissioner Marrs, and Mr.
Johnson pertaining to the new location of the easement.
There being no further comments, the public hearing was closed.
04-6334 Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 04-10193 on first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of March 22, 2004.
(6.2) Approve the minutes of March 25, 2004 (special meeting).
(6.3) Resolution No. 04-6065 authorizing an agreement with Jefferey Ebel to provide indigent
counsel services.
(6.4) Resolution No. 04-6066 authorizing a three-year mowing contract with Emy's Mowing
Service.
(6.5) Authorize the Mayor to sign a Local Government Endorsement Form for the Salina
Community Theatre.
(6.6) Authorize the Mayor to sign the application and related documents for the 2004 Kansas
Emergency Shelter Grant Program.
Michael Morgan, Deputy City Manager and Judy Brengman, Neighborhood Services
Coordinator, responded to Commissioner Divine's questions regarding other members of the indigent
counsel (Item 6.3) and the utility assistance process (Item 6.6).
04-6335 Moved by Commissioner Webb, seconded by Commissioner Marr, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z04-6, filed by Darrell Hill, requesting a change in zoning district
classification from A-1 (Agricultural) and PC -5 (Planned Service Commercial) to PC -7 (Planned
Highway Commercial) on a portion of Lot 1, Block 1, Long -McArthur Addition (3500 S. Ninth
Street).
(7.1a) First reading Ordinance No. 04-10194.
Dean Andrew, Director of Planning and Community Development, explained the request,
conformance with the comprehensive plan, and the Planning Commission's recommendations and
conditions.
Director of Public Works Shawn O'Leary responded to Commissioner Divine's questions
regarding access locations and traffic impact.
A discussion then followed between Commissioner Webb and Mr. _Andrew pertaining to
signage and signage limitations.
Jim Maes, representing the applicant, commented on the request. Mr. Maes also
responded to Commissioner Webb and Commissioner Divine regarding signage and, the question of
who owns the surrounding properties.
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Commission
Action #
04-6336 Moved by Commissioner Shadwick, seconded by Commissioner Marrs, to approve
application Z04-6 and to pass Ordinance No. 04-10194 with conditions outlined by the Planning
Commission on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) Application #Z04-7, filed by Dave Rettele and Jan Baldwin, requesting a change in zoning
district classification from RS (Single -Family Residential Suburban) to A-1 (Agricultural) on property
addressed as 1740 Beverly Drive.
(7.2a) First reading Ordinance No. 04-10195.
Dean Andrew, Director of Planning and Community Development, explained the request,
character of the neighborhood, public utilities and services, traffic and access, and the Planning
Commission's recommendation.
A discussion followed between Commissioner Divine, Mr. Andrew, and Shawn O'Leary,
Director of Public Works, on the conditional use permit, Planning Commission's recommendation on
granting the conditional use permit, and roadway maintenance.
Janice Norlin, Attorney representing the applicant, commented on the conditional use
permit and the need to clarify the road maintenance issues.
04-6337 Moved by Commissioner Divine, seconded by Commissioner Webb, approve Application
Z04-7 and to pass Ordinance No. 04-10195 on first reading. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 04-10190 amending Chapter 38, Article 1I of the Salina
Code by adding Section 38-35 pertaining to notice of change of address and name on driver's license.
Mayor Jilka reported that Ordinance No. 04-10190 was passed on first reading on March
22, 2004 and since that time no comments have been received.
04-6338 Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance
No. 04-10190 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.2) Resolution No. 04-6067 authorizing the offering for sale of General Obligation Refunding
Bonds.
(8.2a) First reading Ordinance No. 04-10192 authorizing the issuance and delivery of
$5,605,000 principal amount of General Obligation Bonds, Series 2004-A.
Rodney Franz, Director of Finance and Administration, explained that the resolution
authorizes George K. Baum to do a non-binding pre -offering on the bonds and the ordinance
authorizes the issuance and delivery of the bonds.
04-6339 Moved by Commissioner Marrs, seconded by Commissioner Divine, to adopt Resolution
No. 04-6067 and pass Ordinance No. 04-10192 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.3) Award of contract for the 2004 Joint and Crack Sealing, Project No. 04-1443.
Brad Johnson, City Engineer, explained the project, project funding, and bids received on
March 30, 2004.
Mr. Johnson and Director of Public Works Shawn O'Leary responded to Commissioner
Shadwicks questions pertaining to street standards and grading.
04-6340 Moved by Commissioner Shadwick, seconded by Commissioner :Divine, to award the
contract for the 2004 Joint and Crack Sealing, Project No. 04-1443 to Ritchie Paving in the amount
of $60,096.70. Aye: (5). Nay: (0). Motion carried.
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Commission
Action #
(8.4) Award of contract for the 2004 Latex Modified Slurry Seal, Project No. 04-1442 (to Ballou
Construction Company, Inc. in the amount of $240,282.55).
Brad Johnson, City Engineer, explained the project, project funding, and bids received on
March 30, 2004.
Director of Public Works Shawn O'Leary responded to Mayor Jilka's inquiry regarding
local vendors.
contractor.
Commissioner Marrs commented that a local vendor provides the equipment for the
04-6341 Moved by Commissioner Marrs, seconded by Commissioner Divine, to award the contract
for the 2004 Latex Modified Slurry Seal, Project No. 04-1442 to Ballou Construction Company, Inc.
in the amount of $240,282.55. Aye: (5). Nay: (0). Motion carried.
(8.5) Request for executive session (personnel and real estate).
04-6342 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to recess into executive
session for 30 minutes for preliminary discussions relating to the acquisition of real estate for the
reason that public discussion of the matter could jeopardize the ability of the City to potentially
acquire the subject real estate, and a personnel matter involving non -elected personnel of the City for
the reason that public discussion of the matter would violate the privacy rights of the City employee
involved; and reconvene at 5:27 p.m.
The City Commission recessed into executive session at 4:57 p.m. and reconvened at 5:27
p.m.
04-6343 Moved by Commissioner Divine, seconded by Commissioner Webb, to reconvene in the
current executive session for an additional 20 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into the current executive session at 5:27 p.m. and
reconvened at 5:47 p.m.
OTHER BUSINESS
04-6344 Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize the City
Manager to sign an agreement with the trustees of the Lawrence D. Triplett Trust for the purchase of
639 N. Ohio Street to the purchase price of $658,000. Aye: (5). Nay: (0). Motion carried.
04-6345 Moved by Commissioner Webb, seconded by Commissioner Divine, to authorize the City
Manager to sign an agreement with Larry D. Arnold and Frances P. Arnold, husband and wife, and
Tamra Arnold for the purchase of 1036 York Avenue for the purchase price of $55,000.
ADJOURNMENT
04-6346 Moved by Commissioner Marrs, seconded by Commissioner Webb, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:50 p.m.
r •C
Alan E. Jilka, Mayor
[SEAL]
ATTEST:
V
J
Lieu Ann Elsey, City Clerk
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