07-19-2004 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 19, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. for a Budget Study Session. 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
None.
CONSENT AGENDA
(6.1) Approve the minutes of July 12, 2004.
(6.2) Resolution No. 04-6093 requesting a change of an official street name from High Place to
Emma Place in the Gebhart Manor Addition.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z04-9, filed by Quail Meadows Property, Inc., requesting a change in zoning
district classification from Saline County AG (Agricultural) and A-1 (Agricultural) to R-1 (Single -
Family Residential), R-2 (Multi -Family Residential) and C-1 (Restricted Business) on a 58 acre tract
of land located north of Schilling Road and west of Ohio Street.
(7.1 a) First reading Ordinance No. 04-10215.
Dean Andrew, Director of Planning and Community Development, explained the request,
preliminary plat, character of the neighborhood, property location within the flood plain, public
utilities and services, conformance with the comprehensive plan, and the Planning Commission's
recommendation.
Mr. Andrew then responded to questions from Commissioners Divine, Commissioner
Marrs, and Mayor Shadwick regarding the proposed zoning locations, C-1 zoning uses, and the
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remaining zoning of A-1 along Ohio Street.
Ken Wasserman, 213 S. Santa Fe, attorney representing the applicant, commented on the
request.
Moved by Commissioner Divine, seconded by Commissioner Webb, to approve
Application #Z04-9 and pass Ordinance No. 04-10215 on first reading. Aye: (5). Nay: (). Motion
carried.
(7.2) Application #A04-3, filed by Quail Meadows Property, Inc., requesting anne ation of a
76.14 acre tract of land located at the northwest corner of Schilling Road and Ohio Street.
(7.2a) First reading Ordinance No. 04-10216.
Dean Andrew, Director of Planning and Community Development, explained the request,
the existing capital cost recovery fees, and the Planning Commission's recommendation. Mr. Andrew
noted that second reading of the ordinance would be held in abeyance until the terms of an Annexation
Agreement were finalized.
A discussion followed between Mr. Andrew, City Manager Dennis Kissinger, Director of
Public Works Shawn O'Leary, and Commissioner Marrs regarding the capital cost recovery fees.
Ken Wasserman, 213 S. Santa Fe, attorney representing the client, responding to
Commissioner Marrs' question regarding the capital cost recovery fees and Commissioner Webb's
question regarding the future development of the area.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve Application
#A04-3 and pass Ordinance No. 04-10216 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.3) First reading Ordinance No. 04-10221 annexing the Union Pacific Railroad right-of-way
from the southern boundary of Key Acres 2nd Addition and the Bonnie Ridge Addition south of Water
Well Road.
Dean Andrew, Director of Planning and Community Development, explained the city
initiated unilateral annexation request. Mr. Andrew then clarified the city limit boundaries as
requested by Commissioner Divine.
City Manager Dennis Kissinger also responded to Commissioner Divine regarding the
City's future plans on annexation in the area.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to pass Ordinance No.
04-10221 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.4) Application #Z04-12, filed by Todd Welsh, Inc., requesting a change in zoning district
classification from R-2 (Multi -Family Residential) and R-3 (Multi -Family Residential) to PC -1
(Planned Restricted Business) on property legally described as Lot 26 and 27 in Surveyor's Plat A and
Lots 1, 3 and the North 41.5 feet of Lot 5 on 10th Street and Lots 2, 4 and the North 41.5 feet of Lot
6 on 9th Street in the Seitz Addition and addressed as 300 South 9th Street.
(7.4a) First reading Ordinance No. 04-10220.
Dean Andrew, Director of Planning and Community Development, explained the request,
development plan and the Planning Commission's recommendation. Mr. Andrew also noted that the
Planning Commission approved the applicant's request to rezone with the following conditions:
Uses on this 1.25 acre site shall be limited to administrative and professional
offices and shall be subject to the bulk and use limitations of the C-1 district.
2. Signage shall comply with the C-1 district maximum size limitation of 32 square
feet. Due to the large size, the applicant may be allowed one monument sign and
two wall signs per street frontage.
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3. A final site development plan for the subject property shall be submitted to and
approved by the Planning Commission prior to issuance of any building permits.
A discussion followed between Commissioner Marrs and Mr. Andrew regarding the
signage requirement outlined in Condition 2.
Shawn O'Leary, Director of Public Works, responded to Commissioner Divine's question
regarding street access.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to approve Application
#Z04-12 and pass Ordinance No. 04-10220 on first reading. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 04-10211 requesting the vacation of an existing platted 66 -
foot wide natural gas line easement through Lots 2 and 3, Block 1, Riffel Addition.
Mayor Shadwick noted that Ordinance No. 04-10211 was passed on first reading on July
12, 2004 and since that time no comments have been received.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10211 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 04-10212 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.
Mayor Shadwick noted that Ordinance No. 04-10212 was passed on first reading and since
that time no comments have been received.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Ordinance
No. 04-10212 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.3) Application #Z04-15, filed by the Salina City Planning Commission, requesting an
amendment of Chapter 42, Article IV of the Salina Code, by amending Section 42-63, Easements, to
restrict the placement of obstructions in drainage easements.
(8.3a) First reading Ordinance No. 04-10219.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to approve Application
#Z04-15 and pass Ordinance No. 04-10219 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.4) Application #Z04-13, filed by the Salina City Planning Commission, requesting an
amendment of Chapter 42, Article V of the Salina Code, by adding Section 42-83 pertaining to fences,
walls and hedges.
(8.4a) First reading Ordinance No. 04-10217.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation. Mr. Andrew also noted that the second reading of
the ordinance would be deferred until October. He then responded to Commissioner Divine's question
regarding Subsection (a).
A discussion followed between Commissioner Marrs and Mr. Andrew regarding
Subsection (f)(5) and (f)(6) pertaining to retaining walls. Commissioner Marrs asked that the
ordinance be amended to eliminate the height restrictions to the retaining walls.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to approve Application
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#Z04-13 and pass Ordinance No. 04-10217 with the amendment to Subsections (f)(5) and (f )(6)
pertaining to retaining walls on first reading. Aye: (5). Nay: (0). Motion carried.
(8.5) Application #Z04-14, filed by Salina City Planning Commission, requesting an amendment
to Chapter 42, Article X of the Salina Code, by amending Section 42-504 and 42-506 pertaining to
political and noncommercial signs.
(8.5a) First reading Ordinance No. 04-10218.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation. He also noted that the second reading of the
ordinance would be deferred until October. Mr. Andrew then responded to questions from
Commission Marrs and Commissioner Divine regarding permits requirements and moving the sention
from Chapter 8 to Chapter 42.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to approve
Application #Z04-14 and pass Ordinance No. 04-10218 on first reading. Aye: (5). Nay: (0). Motion
carried.
(8.6) Resolution No. 04-6094 authorizing an agreement with Wilson & Company for the design
of the storm drainage and sanitary sewer system to serve the area between Schilling Road and Water
Well Road, in an amount not to exceed $79,815.
Bradley Johnson, City Engineer, explained the proposed improvements and funding of the
improvements. Mr. Johnson also noted that a representative from Wilson & Company was available
for questions.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution
No. 04-6094. Aye: (5). Nay: (0). Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Marrs, seconded by Commissioner Jilka, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:00 p.m.
[SEAL]
ATTEST:
Lieu Arm Elsey, City Clerk
Monte a wick, Mayor
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