07-12-2004 MinutesCommission
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04-645-)
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 12, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a 2005 Budget Overview. 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:
Commissioner Deborah P. Divine, Chairman presiding
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
Penny Day, Deputy City Clerk
Absent: Mayor Monte D. Shadwick
CITIZEN FORUM
Teresa Roy, 314 N. Kansas, commented that she had contacted both the Animal
Shelter, and the City Manager's Office and was not being given any answers in regards to her
questions concerning the new requirements on pit bull dog ownership. She also commented that
she was worried about being in compliance by the August 1St deadline.
Dennis Kissinger, City Manager, responded and informed Ms. Roy that all owners of
registered pit bull dogs will be receiving a packet of information that should answer her questions. He
also explained that August 1St will not be a cut off date, and that August would be a transition month.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on the vacation of an existing platted 66 -foot wide natural gas line
easement through Lots 2 and 3, Block 1, Riffel Addition.
(5.1a) First Reading Ordinance No. 04-10211.
Vice -Mayor Divine opened the public hearing.
Brad Johnson, City Engineer, explained the petition, and informed the Commission that
Kansas Gas Service has relocated the high-pressure natural gas pipeline, and released this easement.
There being no further comments, the public hearing was closed.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Ordinance No.
04-10211 on first reading. Aye: (4). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of June 28, 2004.
(6.2) Resolution No. 04-6092 authorizing an agreement with KDOT (Kansas Department of
Transportation) for the North Ohio Street Overpass project. (Project No. 00-1248).
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04-6461
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #PDD04-1, filed by Pavers, Inc., requesting a change in zoning district
classification from I-2 (Light Industrial) to PDD (I-2) (Planned Development District) and preliminary
development plan approval to allow a concrete batch plant on a 3.15 acre tract of land addressed as
505 Francis Avenue.
(7.1a) First Reading Ordinance No. 04-10212.
Dean Andrew, Director of Planning and Community Development, explained where
concrete batch plants are permitted, and how this particular plant would operate. Mr. Andrew also
explained that it is a portable plant.
Mr. Andrew responded to a question from Commissioner Marrs concerning the time limit
on use of the batch plant.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to pass Ordinance No.
04-10212 on first reading. Aye: (4). Nay: (0). Motion carried.
(7.2) Application 4Z04-8, filed by Landmark Development, requesting a change in zoning
district classification from Saline County AG (Agricultural) to R (Single -Family Residential) on a 6.9
acre tract of land located east of Greystone Drive.
(7.2a) First Reading Ordinance No. 04-10213
(7.3) Application #A04-2, filed by Landmark Development, requesting annexation of a 6.9 acre
tract of land located east of Greystone Drive.
(7.3a) First Reading Ordinance No. 04-10214.
Dean Andrew, Director of Planning and Community Development, explained the request,
R zoning district uses, and the Planning Commission's recommendation to approve the zoning change
request.
Mr. Andrew responded to Vice -Mayor Divine's question regarding the extent of the Dent
Property holdings in this area. Mr. Andrew also responded to Vice -Mayor Divine's question
concerning the impact on the Salina Master Plan Area.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to pass Ordinance No.
04-10213 on first reading. Aye: (4). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to pass Ordinance No.
04-10214 on first reading. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second Reading Ordinance No. 04-10206 amending the Downtown Design Review Board
Ordinance.
Vice -Mayor Divine reported that Ordinance No. 04-10206 was passed on first reading on
June 7, 2004 and since that time the City of Salina received a letter from Salina Downtown, Inc.
Gayle Martin, Salina Downtown, Inc., requested that the 2nd reading of this ordinance be
tabled until October 25, 2004, to allow time for additional communication with the property owners,
and allow staff additional time to summarize the information gathered at the July 7, 2004 property
owner forum.
(8.2) Authorize the sale of General Obligation Bonds and Temporary Notes, Series 2004-B,
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04-6462
04-6463
04-6464
04-6465
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2004-1, and 2004-2.
(8.2a) Receive report on bids for sale of bonds and temporary notes.
(8.2b) Second reading Ordinance No. 04-10205 authorizing the issuance and delivery
($4,053,000 principal amount) of General Obligation Internal Improvement Bonds, Series
2004-B.
(8.2c) Resolution No. 04-6089 prescribing the form and details of and authorizing the
delivery ($4,053,000 principal amount) of General Obligation Internal Improvement
Bonds, Series 2004-B.
(8.2d) Resolution No. 04-6090 authorizing and directing the issuance, sale and
delivery of ($1,000,000 principal amount) of General Obligation Temporary Notes, Series
2004-1.
(8.2e) Resolution No. 04-6091 authorizing and directing the issuance, sale and
delivery of ($775,000 principal amount) of General Obligation Temporary Notes, Series
2004-2.
Rodney Franz, Director of Finance and Administration, explained the issues, projects
financed, and the maturity schedules. Mr. Franz summarized the bids received. He then noted that
Dave Arteberry with George K. Baum Company was available for questions.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10205 on second reading. A roll call was taken. Aye: (4) Jilka, Marrs, Webb, Divine. Nay:
(0). Motion carried.
Moved by Commissioner Webb, seconded by Commissioner Marrs to adopt Resolution
No. 04-6089. Aye: (4). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Resolution No.
04-6090. Aye: (4). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Resolution No.
04-6091. Aye: (4). Nay: (0). Motion carried.
(8.3) Consider recommendations for grant fund allocations to local agencies for the 2004 Kansas
Emergency Shelter Grant Program.
Judy Brengman, Director of Neighborhood Services, explained the recommended
distribution of the funds.
Ms. Brengman responded to Commissioner Divine's question regarding the equality of the
distribution.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve the 2004
Kansas Emergency Shelter Grant allocation of funds as recommended. Aye: (4). Nay: (0). Motion
carried.
(8.4) Item removed from the agenda.
(8.5) Item removed from the agenda.
(8.6) Finalization of Triplett, Inc. frontage road vacation and agreement
(8.6a) Second reading Ordinance 04-10187 vacating the public street right-of-way for
the North Ninth Street Frontage road (between Diamond Drive and Gold Road).
(8.6b) Resolution No. 04-6082 authorizing a license agreement with D.L. Sampson
Trust and Triplett, Inc. for cooperative landscaping on the public right-of-way.
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Shawn O'Leary, Director of Public Works explained the history of this vacation request,
and the proposed future use.
Dean Andrew, Director of Planning and Community Development, explained the landscape
license agreement with comparisons made to the Green Lantern located at the 9th & Magnolia
intersection.
Mr. O'Leary responded to Commissioner Divine's questions regarding the storm drainage
location/modification, and KDOT's involvement.
Mr. O'Leary also responded to Commissioner Marr's question regarding the design of the
entrance.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Ordinance
No. 04-10187 on second reading. A roll call was taken. Aye: (4) Jilka, Marrs, Webb, Divine. Nay:
(0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Resolution No.
04-6082. Aye: (4). Nay: (0). Motion carried.
(8.7) Supplemental Engineering Agreement No. 2 with Bucher, Willis, & Ratliff Corporation
for the North Broadway Boulevard Corridor Project (Project No. 03-1409).
Vice -Mayor Divine excused herself from the quorum due to conflict of interest.
Acting Mayor Jilka resumed the chair.
Brad Johnson, City Engineer explained the supplemental agreement.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to approve
Supplemental Agreement No. 2 with Bucher, Willis, & Ratliff Corporation in the amount of
$132,129.00. Aye: (3). Nay: (0) . Abstain: (1) Divine. Motion carried.
Vice -Mayor Divine returned and resumed the chair.
(8.8) First reading Ordinance No. 04-10208 amending Chapter 8, Article I through IX of the
Salina Code by adopting the 2003 International Building Code with local amendments.
Mike Roberts, Building Official, explained the proposed amendments to Chapter 8 of the
Salina Code.
Commissioner Marrs commended staff for the background information provided to the
Commission, he also commented that he had met with the architect community and they have
expressed an interest in having a chance to review the proposed ordinance. He also proposed that the
Existing Building Code be included in this adoption of codes.
Mr. Roberts responded to Commissioner Marrs' comment concerning the version of the
ordinance that shows the changes using strikeouts and highlighting. Mr. Roberts explained that this
version of the ordinance is available in the Building Services office, and also on their website. Mr.
Roberts also informed the Commission that the Building Advisory Board is planning future
considerations of adopting the Existing Building Code.
Mr. Roberts responded to Commissioner Marrs'questions concerning the Accessibility
Section being replaced with the American Disability Act Regulations, not adopting of the appendixes,
not adopting the emergency repair section, and the status of the re -write of the Administrative
Interpretations.
Commissioner Marrs commented that he felt the Administrative Interpretations were very
important and didn't see how they could pass this ordinance without the interpretations.
Mike Morgan, Deputy City Manager, responded that he is very proud of the work that staff,
and the Building Advisory Board has put into this project.
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Bob Haworth, Building Advisory Chairman, commented that the board is very diverse, and
this is to insure that as many trades are represented as possible. He also mentioned that the
communication level between the board members, and City staff has improved greatly over what it
has been in the past.
Commissioner Marrs stated that he believes that the design community needs to have an
opportunity to review this ordinance.
Vice -Mayor Divine suggested passing the ordinance on first reading and delaying 2nd
reading until October to allow the Building Advisory Board to address any questions/concerns at their
meeting in September.
Dennis Kissinger, City Manager, commented that different people had input throughout
the process, and allowing them extra time to review the end product is understandable.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Ordinance No.
04-10208 on first reading, and postpone 2nd reading until after the Building Advisory Board meeting
in September 2004. Aye: (4). Nay: (0). Motion carried.
(8.9) First reading Ordinance No. 04-10209 amending Chapter 14, Article III, Divisions 1 — 3
of the Salina Code by adopting the 2003 International Fire Code with local amendments.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Ordinance No.
04-10209 on first reading, and postpone 2nd reading until after the Building Advisory Board meeting
in September 2004. Aye: (4). Nay: (0). Motion carried.
(8.10) Request for Executive Session (real estate).
Moved by Commissioner Webb, seconded by Commissioner Jilka, to recess into Executive
Session for 15 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 acquire the real
estate at fair market value; and reconvene at 5:45 p.m. Aye: (4). Nay: (0). Motion carried.
p.m.
The City Commission recessed into Executive Session at 5:30 p.m. and reconvened at 5:50
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Jilka, seconded by Commissioner Webb, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 5:50 p.m.
[SEAL]
ATTEST:
"6�
Lieu Ann Elsey, City Cl
Monte Shadwick, Mayor
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