04-12-2004 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
April 12, 2004
4:00 p.m.
The City Commission convened at 3:45 p.m. in a Study Session for a Citizens' Open Forum. 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:
Michael Morgan, Deputy City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: Dennis M. Kissinger
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The week of April 25 — May 1, 2004 as "Tire Safety Week" in the City of Salina. Robert
Pickrell, Jr., President of Royal Tire Company, read the proclamation.
(4.2) The week of April 19 — 25, 2004 as "The Week of the Young Child"' in the City of Salina.
Beverly Peterson, Executive Director of Martin Luther King, Jr. Child Development Center, read the
proclamation and announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of April 5, 2004.
04-6347 Moved by Commissioner Divine, seconded by Commissioner Marrs, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) First reading Ordinance No. 04-10196 providing for the annexation of a 14 acre tract of
land on the south side of Schilling Road and repealing Ordinance No. 03-10164.
(7.1 a) Declare an emergency exists for second reading on the same day.
(7.1b) Second reading Ordinance No. 04-10196.
Dean Andrew, Director of Planning and Community Development, explained that
Ordinance No. 03-10164's legal description was based on the Replat of Bland Subdivision. The replat
has not been recorded with the Register of Deeds due to the presence of a commercial building within
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the proposed street right-of-way on the plat. Therefore, since the plat has not been recorded, the
annexation ordinance using that description cannot be recorded.
Mr. Andrew then responded to Commissioner Marrs' question regarding the schedule of
the building to be moved.
Robert Pickerell, Jr., 360 S. Morris Drive, explained that the building is currently vacant
and should be moved within 30 to 60 days. Mr. Pickerell also commented on the proposed
improvements.
A discussion followed between Commissioner Marrs and Mr. Andrew pertaining to the
recording of the original ordinance, legal description used, and time limit of recording the replat.
Shawn O'Leary, Director of Public Works, noted that staff is currently working with the
applicant on proposed improvements and has presented the applicant with three options. Mr. O'Leary
also noted that staff believed that the building was to be moved soon after the approval of the replat.
Mr. Pickerell commented again on the proposed improvements and stated that the building
could not be moved until March because of lease obligations.
04-6348 Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 04-10196 on first reading. Aye: (4). Nay: (1) Marrs. Motion carried.
04-6349 Moved by Commissioner Shadwick, seconded by Commissioner Divine, declare an
emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried.
04-6350 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Ordinance No. 04-10196 on second reading. A roll call vote was taken. Aye: (4) Divine, Shadwick,
Webb, Jilka. Nay: (1) Marrs. Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 04-10193 vacating a portion of a 66 -foot gas line easement
across Lot 2, Block 2, Riffel Addition.
Mayor Jilka reported that Ordinance No. 04-10193 was passed on first reading on April
5, 2004 and since that time no comments have been received.
04-6351 Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to adopt Ordinance
No. 04-10193 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 04-10195 providing for a change in zoning district
classification from RS (Single -Family Residential Suburban) to A-1 (Agricultural) District on property
addressed as 1740 Beverly Drive.
Mayor Jilka reported that Ordinance No. 04-10195 was passed on first reading on April
5, 2004 and since that time no comments have been received.
04-6352 Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance
No. 04-10195 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.3) First reading Ordinance No. 04-10197 ordering the acquisition of fee simple title to certain
real estate for the purpose of constructing the North Ohio Street Overpass Project.
Greg Bengtson, City Attorney, explained that staff believes that negotiations with the
owners of tracts 3, 5, and 14 have progressed to a point that the public interest is best served by
initiating the eminent domain procedure. Mr. Bengtson continued to explain that the process under
the supervision of the Saline County District Court provides for a determination of the fair market
value of the property through the use of a panel of three court-appointed appraisers.
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04-6353'.. Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 04-10197 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.4) Surplus property declaration and approval of Request for Proposal plan for 130 W.
Prescott.
Michael Morgan, Deputy City Manager, explained that the City purchased the property
located at 130 W Prescott in 2002; which at that time the City was involved- in significant policy
considerations on establishing a hospital -medical zoning district and land use plan. Mr. Morgan also
noted that this area of Prescott Street is a sensitive buffer zone between historic homes and the H -M
zoning district.
A discussion followed between Commissioner Divine and Mr. Morgan regarding
advertisement.
Brian Bell, 132 W. Prescott, asked staff if the city currently has a bid on the property,
historic district requirements, and time period of selling the property. Mr. Bell also commented on
shared driveway issues.
Mr. Morgan responded to Mr. Bell's questions.
Commissioner Divine noted that the timetable includes a public information meeting and
open house on or about April 20, 90 -day period for submittal of proposals, and City Commission
decision on the sale in August of 2004.
Jim Foley, 211 W. Prescott, questioned on if the City has plans for the vacant lot beside
the property, landscaping, the 90 -day period for submittal of proposals, and plans for improvements
to Prescott Avenue.
04-6354 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to declare property
located at 130 W. Prescott surplus city property and authorize staff to proceed with seeking
expressions of interest and preliminary proposals. Aye: (5). Nay: (0). Motion carried.
(8.5) Authorize Supplemental Engineering Agreement No. 1 for the North Broadway Boulevard
Intersection designs, Project No. 03-1409.
Commissioner Divine excused herself from the quorum due to conflict of interest.
Shawn O'Leary, Director of Public Works, explained the project, funding, and agreement.
A discussion followed between Commissioner Marrs and Mr. O'Leary regarding possible
right-of-way acquisitions and exclusion of legal survey.
Glen Knak, Bucher, Willis & Ratliff Corporation, responded to Commissioner Marrs'
concern regarding the survey.
04-6355 Moved by Commissioner Webb, seconded by Commissioner Shadwick, to authorize
Supplemental Engineering Agreement No. 1 for the North Broadway Boulevard Intersection designs,
Project No. 03-1409 with Bucher, Willis & Ratliff in the amount of $97,012. Aye: (4). Nay: (0).
Abstain: (1) Divine. Motion carried.
Commissioner Divine returned.
(8.6) Authorize the removal of the 20 mph zone on Prescott Avenue from Front Street to Roach
Street.
Shawn O'Leary, Director of Public Works, explained that the 20 mph speed limit put in
place for the safety of pedestrians crossing Prescott Avenue from the YWCA parking lot on the south
side of the street; due to the facility closing of the facility, this speed limit may be eliminated.
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04-6356 Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to approve the
removal of the 20 mph zone on Prescott Avenue from Front Street to Roach Street, including the
removal of the pedestrian crossing next to the former YWCA. Aye: (5). Nay: (0). Motion carried.
(8.7) Authorize a temporary speed limit of 30 mph on North Ninth Street from the northern
entrance of Thomas Park to the north city limits.
Shawn O'Leary, Director of Public Works, explained that during construction on North
Ninth Street, traffic would need to be reduced from four lanes down to one lane m each direction. Mr.
O'Leary continued to explain that after discussions with Kansas Department of Transportation and
city staff, both parties agree to provide the necessary protection, and should reduce the speed limit
during the construction.
04-6357 Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the
establishment of a temporary speed limit of 30 mph on North Ninth Street from the northern entrance
of Thomas Park to the north city limits for the duration of the construction on North Ninth Street.
Aye: (5). Nay: (0). Motion carried.
(8.8) Authorize purchase of 250 yard waste carts.
Michael Fraser, Director of General Services, explained the purchase and funding.
04-6358 Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to authorize the
purchase of 250 yard waste carts from Ameri-Kart Corporation in the amount of $13,625. Aye: (5).
Nay: (0). Motion carried.
(8.9) Request for Executive Session (personnel and legal).
04-6359 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to recess into
executive session for 30 minutes to discuss with the City Attorney a matter subject to the attorney
client privilege for the reason that public discussion would waive the privilege and to discuss 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; and reconvene at 5:25 p.m. Aye: (5).
Nay: (0). Motion carried.
The City Commission recessed into executive session at 4:55 p.m. and reconvened at 5:25
p.m.
04-6360 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to reconvene in
the current executive session for an additional 30 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into the current executive session at 5:25 p.m. and
reconvened at 5:55 p.m.
04-6361 Moved by Commissioner Shadwick, seconded by Commissioner Divine, 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 5:55 p.m. and
reconvened at 6:15 p.m.
04-6362 Moved by Commissioner Shadwick, seconded by Commissioner Webb, to reconvene in
the current executive session for additional 30 minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into the current executive session at 6:15 p.m. and
reconvened at 6:45 p.m. No action was taken.
OTHER BUSINESS
None.
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ADJOURNMENT
04-6363'.'' Moved by Commissioner Webb, seconded by Commissioner Marrs, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 6:45 p.m.
�iilka,
4Arayor �
[SEAL]
ATTEST:
i
Lieu Ann Elsey, City C k
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