07-26-2004 MinutesCommission
Action #
�o.=oaae�a.e
�1
1
1
04-64861
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 26, 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 19, 2004.
(6.2) Authorize purchase of a mini -van for the Arts & Humanities Department to Long -
McArthur, in the amount of $18,179.
(6.3) Resolution No. 04-6095 appointing Alan Weber to the Business Improvement District No.
1 Board of Advisors.
(6.4) Resolution No. 04-6096 authorizing an Ingress -Egress and Road Maintenance Agreement
granting Peonypatch.com LLC access to a tract of land between the city's flood control levee and the
old Dry Creek Channel north of Beverly Drive.
(6.5) Resolution No. 04-6097 amending Resolution No. 03-5987 with respect to the construction
of a new bridge on Lakewood Drive.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
Page 1
Commission
Action #
1 04-6489
04-6490
1
ADMINISTRATION
(8.1) Second reading Ordinance No. 04-10219 amending Chapter 42, Article N, Section 42-63
of the Salina Code restricting the placement of obstructions in drainage easements.
Mayor Shadwick noted that Ordinance No. 04-10219 was passed on first reading July 19,
2004 and since that time no comments have been received.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No.
04-10219 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. 04-10220 providing for 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 addressed as 300 S. Ninth Street.
Mayor Shadwick noted that Ordinance No. 04-10220 was passed on first reading on July
19, 2004 and since that time no comments have been received.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10220 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.3) Second reading Ordinance No. 04-10221 annexing the Union Pacific Railroad right-of-way
from the southern boundary of Key Acres 2„d Addition and the Bonnie Ridge Addition south to Water
Well Road.
Mayor Shadwick noted that Ordinance No. 04-10221 was passed on first reading on July
19, 2004 and since that time no comments have been received.
Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance
No. 04-10221 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.4) First reading Ordinance No. 04-10222 amending Chapter 25, Article VI, Section 25-91 of
the Salina Code by making theft of property that is valued at less than $1,000 a Class A violation.
Jennifer Wyatt, City Prosecutor, explained the amendment.
A discussion followed between Commissioner Divine and City Attorney Greg Bengtson
regarding the repealer section of the proposed ordinance.
Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 04-10222 on first reading with clarifying language in Section 2 of the ordinance. Aye: (5). Nay:
(0). Motion carried.
(8.5) City Commission designation of a site for a future soccer complex and authorizing and
directing staff to pursue negotiations with Saline County.
Michael Morgan, Deputy City Manager, outlined key dates and commented on the
potential site.
the site. Shawn O'Leary, Director of Public Works, explained the drainage and flood protection of
Mr. Morgan then explained the current 1988 interlocal agreement with Saline County.
A discussion followed between Mayor Shadwick, Mr. Morgan and Mr. O'Leary relating
to other possible sites. Mr. Morgan explained that many other sites have been looked out, but the cost
of land, soil conditions, utility availability and the overall location were some of the issues staff has
faced.
Page 2
Commission
Action #
soma=_o-sei�a
04-649
04-649,'
1
04-6493
1
Paula Knox, Secretary of the Salina Soccer Club, expressed her appreciation of staff's
support and need for the development. Ms. Knox also responded to questions from Mayor Shadwick
and Commissioner Webb regarding the growth of the Soccer Club and the use of the future complex.
A discussion followed between Mayor Shadwick, Commissioner Marrs, City Manager
Dennis Kissinger, and Mr. O'Leary on the floodway, flooding frequency, the detention basin, and the
flood plain.
Moved by Commissioner Divine, seconded by Commissioner Webb, to designate the
southeast site of the Schilling/Ohio intersection as the preferred site for a future soccer complex and
authorize and direct staff to pursue negotiations with Saline County to amend our current agreement
related to this site; taking into consideration the interests of current leaseholders as well as other
factors in the public interest. Aye: (5). Nay: (0). Motion carried.
(8.6) Set August 16, 2004 as date of public hearing for the proposed 2005 budget.
Dennis Kissinger, City Manager, explained the Kansas law requirements and the proposed
notices. Mr. Kissinger continued to explain that Option `B" provides a slightly reduced tax and
expenditure levels in the Flood and Drainage fund, and offsetting increases in the General Fund.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to set the hearing date
of August 16, 2004 and publish Option `B" of the Notice of the Budget Hearing. Aye: (5). Nay: (0).
Motion carried.
(8.7) Approval of Change Order No. 1 for the Ninth Street Mill and Overlay, Project No. 04-
1435 with Ritchie Paving in the amount of $211,125.00.
Brad Johnson, City Engineer, explained the project, project funding, and the change order.
Mr. Johnson then responded to Commissioner Marrs regarding the amount originally budgeted for
the project.
A discussion followed between Mayor Shadwick, Commissioner Webb and Mr. Johnson
regarding the date of completion of the project.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to approve Change
Order No. 1. Aye: (5). Nay: (0). Motion carried.
(8.8) First reading Ordinance No. 04-10223 repealing and revising certain sections of Chapter
7 of the Salina Code pertaining to Animals.
(8.8a) Recommended animal control related license and permit fee changes.
(8.8b) Discussion of proposed Animal Control Advisory and Appeals Board.
(8.8c) Staff updates on animal control staffing and scheduling changes, financing of
improvements, etc.
Dennis Kissinger, City Manager, explained the proposed code amendments and changes
to rabies vaccination and dog/cat licensing, special multiple pet permit, penalties, and designation of
problem dogs, categories of dogs for licensing purposes, and the creation of an Animal Control
Advisory Board. Mr. Kissinger also commented on the special permit requirement for certain owners
in the proposed Section 7-10. Mr. Kissinger then clarified, at Commissioner Marrs request, that the
proposed ordinance is for all dogs and not just pit bulls.
A discussion followed between Mayor Shadwick and Mr. Kissinger regarding modeling
ordinances from other cities and funding of additional staff for the Animal Shelter.
Yvonne Gibbons, Salina -Saline County Health Department Director, commented on
additional staffing. Ms. Gibbons also responded to Commissioner Divine's question regarding
estimated cost of additional staff and estimated number of site visits.
Commissioner Divine commented on the 4 -foot leash requirements of pit bulls in a fenced
in back yard and the cost of the microchip in the pit bull permit fee. Commissioner Divine suggested
that the owners be refunded or an allowance made for the microchip if they have already obtained one.
Page 3
Commission
Action #
1
04-6494
1
04-6495
04-64961
D
A discussion then followed between Commissioner Divine, Mr. Kissinger and Jennifer
Wyatt, City Prosecutor, on the administrative and judicial determination, number of animal nuisance
cases in Municipal Court, possible microchip allowance, and the special permit required for certain
owners.
Mr. Kissinger responded to Commissioner Webb questions regarding the city's leash laws.
Debbie Corrales, 124 E. Charlotte, commented on her opposition of signing an
acknowledgement that her pit bull might be vicious.
Mr. Kissinger responded to Ms. Corrales concerns.
Anita Gilbreath, 1012 N. 8`h Street, commented on the need to look at animal ordinances
in New York and California.
Mr. Kissinger responded to Ms. Gilbreath, explaining that ordinances from those areas
have been looked at and they dealt more with prosecution after an attack and not protection before an
attack.
Marta Garay, 801 Vasser, questioned staff on pen and fencing requirements.
Commissioner Jilka thanked staff for all their hard work.
A discussion followed by Mayor Shadwick and Mr. Kissinger regarding the creation of the
Animal Control Advisory Board. Mayor Shadwick noted that he would like to see the board be more
focused on education.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10123 on first reading.
Commissioner Divine commented on her opposition of the ordinance, believing that it
would be difficult to enforce.
Mayor Shadwick expressed that he agreed with Commissioner Divine's concerns as
previously stated in the discussion
Mayor Shadwick called the question. Aye: (4). Nay: (1) Divine. Motion carried.
OTHER BUSINESS
Moved by Commissioner Divine, seconded by Commissioner Marrs, to recess into
Executive Session for ten minutes to discuss a personnel matter; and convene at 5:41 p.m. Aye: (4).
Nay: (1) Jilka. Motion carried.
ADJOURNMENT
Moved by Commissioner Jilka, 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 5:41 p.m.
[SEAL]
ATTEST:
Lieu Ann Elsey, City Cler
2onte Shadwick, Mayor
Page 4