04-26-2004 MinutesCommission
Action #
04-6376
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
April 26, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a North Ohio Project 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 Monte Shadwick, Chairman presiding
Commissioner Deborah P. Divine
Commissioner Alan E. Jilka
Commissioner Donnie D. Marrs
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
(5.1) Mayor Shadwick comments (postponed from the April 19, 2004 meeting).
Mayor Shadwick thanked the citizens of Salina, each Commissioner for their time and
dedication, and his family. He continued to state that we are fortunate to have a diverse hard working
Commission and a community that continues to grow and improve. Mayor Shadwick also commented
on the continuing strain from state funding cuts, increasing health insurance costs, and the future use
of the sales tax dollars. He then encouraged citizens to get involved in their local government, and
said what a rewarding experience it has been.
CONSENT AGENDA
(6.1) Approve the minutes of April 19, 2004.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z97 -16A, filed by LOR Enterprises, L.L.C., requesting a change in zoning
district classification from PC -1 (Planned Restricted Business) District to PC -2 (Planned
Neighborhood Shopping) District to allow a vacant gas station to be converted to a catering kitchen
on property legally described as Lot 12 on Santa Fe in the Grounds of Kansas Wesleyan University
(aka 1017 S. Santa Fe).
(7.1a) First reading Ordinance No. 04-10199.
Dean Andrew, Director of Planning and Community Development, explained the request,
Planning Commission's recommendations and conditions, and the statement of expression of
Commission
Action #
04-63
surrounding neighbors. Mr. Andrew then responded to Commissioner Jilka and Commissioner Marrs
regarding the procedure for filing a protest petition, and the current zoning of the property.
A discussion then followed between Commissioner Divine and Mr. Andrew pertaining to
trash collection, occupancy of the building, and whether or not the building was historic.
Mr. Andrew confirmed that the underground fuel tanks have been removed and soil
monitoring continues to be conducted for soil contamination as requested by Mayor Shadwick.
A discussion followed between Commissioner Marrs and Mr. Andrew concerning the
variances on setback, lot coverage, and rezoning, fencing requirements, construction of the building,
and setback separation.
Mr. Andrew then responded to Commissioner Webb on buffer screening and the proposed
parking lot access.
Christi Manley, 705 S. Santa Fe and President of the South Santa Fe Association,
commented on the association's opposition to the rezoning. Ms. Manley then questioned the
minimum lot size standards, ownership of the land used by Southwestern Bell Telephone for an utility
box, nature of the business, fire safety, and trash disposal for a commercial kitchen.
Mr. Andrew clarified that an easement was granted to Southwestern Bell for the placement
of the utility box, but the property belonged to the applicant.
Luann Royer, 1101 S. Santa Fe, expressed her opposition on the rezoning. She
commented on the increase of traffic and the daycare facility located across the alley.
Ralph Long, 624 Windsong Court, property owner of 1015 S. Santa Fe, expressed his
support of the rezoning and on the previous attempts of trying to get the property rezoned.
Ms. Manley commented on the association's support of types of businesses that would be
acceptable to the surrounding property owners at the location.
Mr. Andrew clarified the difference between C-1 and C-2 zoning as requested by
Commissioner Jilka.
Commissioner Webb commented that he felt that the rezoning would be an invasion on
the neighborhood and the applicant was vague of the type of business that was to be conducted.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to deny application Z97 -
16A.
Commissioner Jilka commented that this was an unique situation and felt that the C-1
zoning was more acceptable.
Commissioner Divine commented that the old building would not be: easily converted and
hated to see it torn down and was more in favor of granting the rezoning with a landscape and
buffering plan.
Mayor Shadwick called the question. Aye: (4). Nay: (1) Divine. Motion carried.
ADMINISTRATION
(8.1) First reading Ordinance No. 04-10200 approving the issuance of General Obligation Bonds
by the Salina Airport Authority, in the amount not to exceed $3,555,000, for the purpose of financing
the cost of certain capital improvements located at the Salina Airport
Commissioner Marrs excused himself from the quorum due to conflict of interest.
Greg Bengtson, City Attorney, explained that the Salina Airport Authority may issue
general obligation bonds with the consent of the City Commission on an amount up to three percent
of the City's assessed valuation. Mr. Bengtson said that the bonds are for hanger modifications, the
Flower Aviation customer service center, an existing industry expansion, and temporary note issue
Commission
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04-6375
04-6379
04-6380
04-6381
costs.
Shelly Swanson, Salina Airport Authority, responded to Commissioner Jilka's questions
regarding the Airport Authority's long term debt. Ms. Swanson then responded to Commissioner
Divine regarding the expansion project. She then summarized each of the projects.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10200 on first reading. Aye: (4). Nay: (0). Abstain: (1) Marrs. Motion carried.
Commissioner Marrs returned.
(8.2) Resolution No. 04-6069 authorizing the issuance of certain health care facilities refunding
and improvement revenue bonds, in the principal amount not to exceed $24,000,000, pursuant to an
interlocal cooperation agreement between the City of Wichita.
Greg Bengtson, City Attorney, explained that the proposed ordinance would authorize the
City of Wichita to issue health care facility refunding revenue bonds on behalf of the City of Salina
for the purpose of refunding existing bonds and renovating and equipping the Salina Presbyterian
Manor facility.
Mayor Shadwick opened the public hearing.
There being no further comments the public hearing was closed.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Resolution No.
04-6069. Aye: (5). Nay: (0). Motion carried.
(8.3) Report on animal control/shelter policy and ordinance updates and fee review
Dennis Kissinger, City Manager, summarized the proposed changes to rabies vaccination,
dog and cat licensing, addition of a special pet permit, penalties for animal violations, and fees.
Yvonne Gibbons, Director of Salina -Saline County Health Department and Mr. Kissinger
responded to Commissioner Divine concerning the special pet permit for cats, hobby breeders licenses,
and county's funding of the Animal Shelter.
(8.4) Award bid for the roof replacement on the street maintenance building.
Mike Fraser, Director of General Services, explained the project, bids received, and
funding.
Shawn O'Leary, Director of Public Works, responded to Commissioner Marrs regarding
bid specifications preparation.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to award the bid for
the roof replacement on the street maintenance building to S&S Contracting in the amount of $12,900.
Aye: (5). Nay: (0). Motion carried.
(8.5) Award of contract for the 2004 Drainage Improvements, Huntingrton Road Ditch, Project
No. 03-1394.
Brad Johnson, City Engineer, explained the project, bids received, and funding. Mr.
Johnson also responded to the Commission's questions pertaining to the amount of linear feet, when
the original ditch was built, and the bid received from Wilbur Construction.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to award the contract
for the 2004 Drainage Improvement, Huntington Road Ditch, Project No. 03-1394 to Wilbur
Construction Company in the amount of $66,707.05. Aye: (5). Nay: (0). Motion carried.
(8.6) Award of contract for the 2004-2005 Spring and Fall Street Marking, Project No. 04-1429.
Brad Johnson, City Engineer, explained the project, bids received, and funding. Mr.
Johnson commented on the reflective material in the paint as requested by Commissioner Webb.
Commission
Action #
04-63
1A •
Moved by Commissioner Divine, seconded by Commissioner Marrs, to award the contract
for the 2004-2005 Spring and Fall Street Marking, Project No. 04-1429 to Twin Traffic Marking
Corporation in the amount of $20,300 per season. Aye: (5). Nay: (0). Motion carried.
(8.7) Award of contract for the Curb, Gutter, and Concrete Improvements, Project No. 04-1463.
Brad Johnson, City Engineer, explained the project, bids received, and funding.
Moved by Commissioner Marrs, seconded by Commissioner Webb., to award the contract
for the Curb, Gutter, and Concrete Improvements, Project No. 04-1463 to Wilbur Construction
Company in the amount of $206,911. Aye: (5). Nay: (0). Motion carried.
(8.8) Award of contract for the 2004 Manhole and Valve Box Regrading, Project No. 04-1444.
Brad Johnson, City Engineer, explained the project, bids received, and funding.
Moved by Commissioner Divine, seconded by Commissioner Webb, to award the contract
for the 2004 Manhole and Valve Box Regrading, Project No. 04-1444 to APAC-Kansas, Inc., Shears
Division in the amount of $39,156.50. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Board appointments for members of the Board of Commissioners.
Mayor Shadwick announced that he will be serving on the Chamber of Commerce Board,
Economic Development Executive Committee, and Library Board; Commissioner Jilka will serve on
the Salina Airport Authority and Housing Authority; Commissioner Divine will serve on the North
Central Regional Planning Commission, Building Authority, and Board of Health; Commissioner
Marrs will serve on the Education Technology Sales Tax Oversight Group, Building Authority, and
Arts & Humanities Commission; and Commissioner Webb will serve on the Convention and Tourism
Committee, Board of Health, and Law Enforcement Block Grant Advisory Committee.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to recess into executive
session 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 acquire the real estate; and
reconvene at 5:30 p.m.
The City Commission recessed into executive session at 5:20 p.m. and reconvened at 5:30
p.m. No action was taken.
ADJOURNMENT
04-6386 Moved by Commissioner Divine, 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 5:30 p.m.
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