12-17-2001 MinutesCommission
Action #
01-31:
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
December 17, 2001
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session to discuss miscellaneous staff
reports and met after the regular meeting to discuss the South Ninth Project Aesthetics and
Public Art. 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 Kristin M. Seaton, Chairman presiding
Commissioner Deborah P. Divine
Commissioner Alan E. Jilka
Commissioner Monte D. Shadwick
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Lieu Ann Nicola, City Clerk
None.
Mayor Seaton expressed the Commission's sympathy for the loss of Commissioner
Larry L. Mathews and the appreciation of knowing and working with him.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Resolution No. 01-5780 expressing gratitude and appreciation to Martha Rhea for
her employment with the City of Salina from December 23, 1979 to January 2, 2002.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt
Resolution No. 01-5780. Aye: (4). Nay: (0). Motion carried.
Mayor Seaton presented a plaque to Martha Rhea. Ms. Rhea expressed her gratitude
to the Commission and City Staff.
(4.2) The presentation of plaques of appreciation to past Employee Council members by
the Mayor.
Mayor Seaton thanked Council members for their work and presented plaques to
Penny Day, Finance and Administration Department, Todd Falcon, Utilities Department, Brenda
Landis, Municipal Court, James Meyer, Bicentennial Center, and Sandee Stainbrook,
Engineering and General Services Department.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continued public hearing to consider the vacation of an existing alley and a section
of the Pine Street right-of-way.
The public hearing was continued from the November 19, 2001 meeting.
Shawn O'Leary, Director of Engineering and General Services, explained the request
and the reason for the continued public hearing. Mr. O'Leary also explained the protest that was
filed prior to the Commission meeting.
Commission
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Greg Bengtson, City Attorney, explained the state statute upon request by
Commissioner Shadwick.
Marc Berry, representing Salina Iron & Metal, expressed their understanding
towards the continued public hearing and the statute, and requested an extension to be able to
work out an agreement with the property owner who filed the petition.
Dennis Kissinger, City Manager, explained that City Staff was uncertain if they
supported the vacation and recommended that the public hearing be closed.
A discussion followed between Commissioner Shadwick, Mr. O'Leary, and Mr.
Kissinger regarding property owners' and City Staffs' concerns pertaining to the vacation.
Mr. Berry explained their frustration and reason for needing the vacation.
There being no further comments, the hearing was closed.
CONSENT AGENDA
(6.1) Approve the minutes of December 10, 2001.
(6.2) Resolution No. 01-5790 describing the corporate limits of the City of Salina.
(6.3) Approval of 2002 Vehicle and Equipment Plan and authorization to seek bids.
(6.4) Approve Change Order No. 1 for the South Marymount Road Improvements, Project
No. 01-1274 with APAC-Kansas, Inc., Shears Division in the amount of $14,151.72.
Commissioner Jilka requested to amend Section 8.8 of the minutes.
01-313 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve
the consent agenda as amended. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) First reading Ordinance No. 01-10068 providing for the annexation of a certain tract
of land along North Ohio and repealing Ordinance Nos. 01-10035 and 01-10059.
(7.1 a) Declare an emergency exists for second reading the same day.
(7.1b) Second reading Ordinance No. 01-10068.
Dean Andrew, Director of Planning and Community Development, explained the
purpose of the proposed ordinance.
01-3138 Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass
Ordinance No. 01-10068 on first reading. Aye: (4). Nay: (0). Motion carried.
01-3139 Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to declare an
emergency exists for second reading the same day. Aye: (4). Nay: (0). Motion carried.
01-314 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Ordinance No. 01-10068 on second reading. A roll call vote was taken. Aye: (4) Jilka,
Shadwick, Divine, Seaton. Nay: (0).
(7.2) Application #CU01-12, filed by Cornerstone Community Church, requesting
approval of a Conditional Use Permit to allow construction of a church parking lot in an R-1
District on property legally described as Lot 12, Block 10, Riverside Park Addition and
addressed as 212 Des Moines Avenue.
Dean Andrew, Director of Planning and Community Development, explained the
request, the alternative presented to the Planning Commission and the action taken toward this
request. He also explained the protest petition that had been filed.
Commission
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01-314]
Kenneth Forrester, 2814 Highland, explained that they have been working on
improving the appearance of the church and felt that the parking lot would help improve the
appearance.
Jack Sethman, 204 Des Moines, expressed his opposition toward the alternative
approved by the Planning Commission and suggested granting the permit under Alternative #4.
A discussion followed between Commissioner Shadwick, Commissioner Divine and
Mr. Sethman regarding the fencing.
Gaylen Long, 216 Des Moines, expressed his concerns with Alternative #4
regarding the fencing and the heat that would be produced by the concrete.
A discussion between Mr. Andrew, Mayor Seaton, Commissioner Shadwick, and
Commissioner Divine regarding the parking lot followed.
Commissioner Divine commented on the church's attempt on improving the
appearance of the church and being sensitive to the church's needs as well as that of the
surrounding neighborhood's and suggested that the request be sent back to the Planning
Commission to see if a compromise could be met.
Commissioner Shadwick commented on appreciating the work of the Planning
Commission, concerns of breaking up the residential street, and being inclined to go back to the
Planning Commission.
Mr. Long explained that the neighborhood would be willing to compromise by using
Alternative #4. A discussion followed between Mr. Long and Commissioner Shadwick
regarding the vacant lot.
Mayor Seaton commented on sending the request back to the Planning Commission
to see if a compromise could be met. A discussion followed with Mr. Sethman, Mr. Andrew and
Mayor Seaton regarding the protest petition.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to table the
application and request the Planning Commission meet with Cornerstone Community Church
representatives and surrounding neighbors at their January 15, 2002 meeting for further
deliberation. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Resolution No. 01-5791 authorizing an agreement for the audit of City records for
the year ending December 31, 2001 with Lowenthal, Singleton, Webb & Wilson PA in an
amount not to exceed $31,500.
Rodney Franz, Director of Finance and Administration, explained the agreement.
01-314 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to adopt
J� Resolution No. 01-5791. Aye: (4). Nay: (0). Motion carried.
(8.2) Resolution No. 01-5792 establishing water and wastewater fees.
Rodney Franz, Director of Finance and Administration, explained the rate review
and proposed fees. Mr. Franz also responded to Commissioner Divine's question regarding which
customers would be affected.
01-314 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt
J� Resolution No. 01-5792. Aye: (4). Nay: (0). Motion carried.
(8.3) Resolution No. 01-5793 authorizing the offering for sale of General Obligation
combined water and sewage refunding bonds and approving the Preliminary Official Statement.
Rodney Franz, Director of Finance and Administration, explained the refunding.
01-314 Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt
Resolution No. 01-5793. Aye: (4). Nay: (0). Motion carried.
Commission
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01-31
(8.4) Award of contract for the Cloud Street and Wayne Street Pavement Improvements,
Project No. 01-1318, to APAC-Kansas Shears Division in the amount of $123,394.90.
Shawn O'Leary, Director of Engineering and General Services, explained the project
and the bids received.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to award
the contract for the Cloud Street and Wayne Street Pavement Improvements, Project No. 01-1318,
to APAC-Kansas Shears Division in the amount of $123,394.90. Aye: (4). Nay: (0). Motion
carried.
(8.5) Award bids for marked and unmarked police vehicles.
Chief James Hill explained the bids received.
01-314 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to award
the bid for one unmarked police vehicle to Marshall Motor Company in the amount of $19,795
and four marked police vehicles to Shawnee Mission Ford in the adjusted amount of $70,832.
01-314
(8.6) Authorize the purchase of a forensic evidence collection/crime scene investigation
van from the Vehicle Division of Sirchie Finger Print Laboratories in the amount of $66,038.
Chief James Hill explained the request.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to authorize the
purchase of a forensic collection/crime scene investigation van from Sirchie Finger Print
Laboratories, the sole source provider, in the amount of $66,038.
OTHER BUSINESS
(9.1) Mayor Seaton noted that the next City Commission meeting will be January 7, 2002.
ADJOURNMENT
01-31411 Moved by Commissioner Divine, seconded by Commissioner Jilka, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 5:10 p.m.
stin M. S aton, Mayor
[SEAL]
ATTEST:
Lieu Arm Nicola, City Clerk