09-13-2004 MinutesCommission
IAction #
04-6546
04-6547
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 13, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a Development and DRT Process
Update report. 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
Penny Day, Deputy City Clerk
Absent: None
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Resolution No. 04-6103 expressing gratitude and appreciation to Fire Marshal Virgil J.
Augustine for his employment with the City of Salina from March 3, 1971 to September 15, 2004.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution
No. 04-6103. Aye: (5). Nay: (0). Motion carried.
Mayor Shadwick presented Mr. Augustine with a plaque of appreciation.
(4.2) The week of September 13 —19th, 2004 as "POW/MIA Recognition Week" and the day of
September 17, 2004 as "POW/MIA Recognition Day" in the City of Salina. Merlin Stephens read the
proclamation and announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Petition No. 4253, filed by Max and Merrilyn Murrison, requesting the
vacation of an existing public utility easement between Lots 5 and 6, Block 1, Highland Meadows
Hamlet Addition.
(5.1a) First reading Ordinance No. 04-10231.
Mayor Shadwick opened the public hearing.
Martha Tasker, Director of Utilities, explained the petition and clarified that there are no
existing utilities in the easement.
There being no further comments, the public hearing was closed.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to adopt Ordinance
No. 04-10231 on first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of August 23, 2004.
(6.2) Award bids for a compact truck to Long McArthur, in the amount of $14,995 and police
vehicle to Shawnee Mission Ford, in the amount of $20,062.
(6.3) Reject bids for two snow plows and authorize re -bidding.
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Commission
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04-655
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Commissioner Webb requested that Item 6.2 be removed from the consent agenda.
Moved by Commissioner Webb, seconded by Commissioner Divine, to approve Items 6.1
and 6.3 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
Commissioner Webb commented on the police vehicle bids, suggesting that the bid be
awarded to the local vendor due to the bid difference of less that one-half percent.
Commissioners Divine, Commissioner Jilka and Mayor Shadwick then commented on bid
policy and the city's practice in the past.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to award the bid for
one compact truck in the amount of $14,995 and police vehicle in the amount of $20,161.25 to Long
McArthur. Aye: (2) Marrs, Webb. Nay: (3) Divine, Jilka, Shadwick. Motion failed.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to award the bid for
one compact truck to Long McArthur in the amount of $14,995 and one police vehicle to Shawnee
Mission Ford in the amount of $20,062. Aye: (4). Nay: (1) Webb. Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z04-19, filed by Steve Albrecht d.b.a. Mid -Kansas Tool & Electric,
requesting a change in zoning district classification from C-3 (Shopping Center) to PC -5 (Service
Commercial) on properties addressed as 314 W. Cloud Street and 1720 S. 9th Street.
(7.1a) First reading Ordinance No. 04-10230.
Dean Andrew, Director of Planning and Community Development, explained the request,
neighborhood characteristics, conformance with the comprehensive plan, and the Planning
Commission's recommendation and conditions of approval. Mr. Andrew also responded to
Commissioner Divine's question regarding parking.
Steve Albrecht, applicant, commented on his request.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to pass Ordinance No.
04-10230 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) Application #PDD 04-2, filed by Kevin and Margret Hilkemann, dba R.V. Interiors, Inc.,
requesting a change in zoning district classification from C-5 (Service Commercial) District to PDD
(I-2) Planned Development District on property addressed as 804 N. 8th Street.
(7.2a) First reading Ordinance No. 04-10227.
Dean Andrew, Director of Planning and Community Development, explained the request,
possible short term and long term alternatives, and the Planning Commission's recommendation and
conditions of approval. Mr. Andrew noted that the applicant had withdrew his original application
requesting I-2 zoning.
A discussion followed between Mr. Andrew and Commissioner Divine regarding the PDD
(I-2) zoning and an overlay district.
Kevin Hilkemanm, applicant, commented on his request, the zoning of the surrounding
area, and parking lot requirements.
A discussion followed between Mr. Hilkemann, City Manager Dennis Kissinger, and the
City Commission regarding conversations held with Curtis Rasmusson, Kansas Housing Resources
Corporations, concerning the effect of the zoning change on surrounding properties applying for
housing grants and tax credits.
John Finger, owner of the Uptown Apartments (801 N. Santa Fe Avenue), commented on
his opposition of the zoning change and how it would hurt his ability to received housing grants and
tax credits. Mr. Finger then responded to Commissioner Webb's question regarding the effect of the
I-2 zoning for grants and the most recent tax exemption application made in February 2003.
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1
04-6553
1
Randall Holm, Uptown Apartments, commented in his opposition of the I-2 zoning,
screening and storage requirements, and suggested that PDD (C-5) zoning should be granted to the
applicant.
Mr. Andrew responded to Commissioner Jilka's questions regarding PDD (C-5) zoning,
PDD (I-2) zoning, and the showroom requirement in the C-5 zoning classification. Mr. Andrew also
responded to Commissioner Webb's question regarding screening requirements. .
Randall Holm commented on the showroom requirement and how the applicant could
meet the requirement.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to approval Application #PDD
04-2 and pass Ordinance No. 04-10227 on first reading.
Commissioner Jilka asked that staff provide a letter from the Kansas Housing Resources
Corporation, stating the effects of the I-2 zoning on housing grants and tax credits before second
reading of the ordinance.
Mayor Shadwick called the question. Aye: (5). Nay: (0). Motion carried.
Lieu Ann Elsey left the meeting. (5:00)
Penny Day arrived at the meeting. (5:00)
(7.3) Application #PDD 04-3, filed by David Ash of Ash Enterprises, requesting a change in
zoning district classification from C-5 (Service Commercial) District to PDD (I-2) Planned
Development District on property addressed as 801 N. 7th Street and 811 N. 7th Street.
(7.3a) First reading Ordinance No. 04-10228.
Dean Andrew, Director of Planning and Community Development, explained the request,
fencing and parking requirements, the existing setback, landscaping and the Planning Commission's
recommendation and conditions of approval.
David Ash, applicant, commented on his request and thanked the Planning Commission
and staff for their efforts.
John Fingers, owner of Uptown Apartments (801 N. Santa Fe Avenue), commented on the
impact the I-2 zoning would have on his property and his opposition of the zoning change.
Randall Holm, Uptown Apartments (801 N. Santa Fe Avenue), requested that the
Commission deny the application. Mr. Holm also commented on the showroom, retail sales, and
parking lot paving requirements, zoning uses, and the effects of the industrial zoning.
Moved by Commissioner Marrs, seconded by Commissioner Divine, to pass Ordinance
No. 04-10228 on first reading. Aye: (5). Nay: (0). Motion carried.
Commissioner Jilka requested that the same written verification be provided from the
Kansas Housing Resources Corporation as the previous application.
(7.4) First reading Ordinance No. 04-10232 annexing a 79 acre tract located at the northwest
corner of Water Well Road and Ohio Street (Application #A04-5)
(7.4a) Resolution No. 04-6115 authorizing an annexation agreement with Roger &
Marjory Samuelson relating to the annexation of property located at the northwest corner
of Water Well Road and Ohio Street.
Michael Morgan, Deputy City Manager, explained the future project benefit district and
zoning of the area. Mr. Morgan also thanked the Samuelsons, Ken Wasserman, Dean Andrew, and
Greg Bengtson for their involvement of the project.
Dean Andrew, Director of Planning and Community Development, responded to
Commissioner Divine's question regarding platting of the property.
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Commission
Action #
04-65
04-6555
04-6556
04-655
04-6558
04-6559
1
Moved by Commissioner Jilka, seconded by Commissioner Divine, to pass Ordinance No.
04-10232 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution
No. 04-6115. Aye: (5). Nay: (0). Motion carried.
Mayor Shadwick asked for a three minute recess. The City Commission recessed at 5:22
p.m. and reconvened at 5:25 p.m.
ADMINISTRATION
(8.1) Second reading Ordinance No. 04-10229 providing for a change in zoning district
classification from PC -2 to PC -3 on property addressed as 1930 S. Ohio Street and legally described
as Lot 1 and the east 130 feet of Lot 2, Block 2, Brock Addition.
Mayor Shadwick noted that Ordinance No. 04-10229 was passed on first reading on
August 23, 2004 and since that time no comments have been received.
Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance
No. 04-10229. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0).
Motion carried.
(8.2) Resolution No. 04-6114 appointing members to various boards.
Mayor Shadwick announced the appointments.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to adopt Resolution
No. 04-6114. Aye: (5). Nay: (0). Motion carried.
(8.3) Award of contract for the Heat Pump Replacement, Project No. 04-1485 at the Salina
Bicentennial Center to Callabresi Heating and Cooling in the amount of $299,189.60.
Keith Rawlings, Bicentennial Center Director, explained the project, bids received and the
revised bid amount due to a miscalculation.
Moved by Commissioner Divine, seconded by Commissioner Webb, to award the contract
for the Heat Pump Replacement, Project No. 04-1485 to Callabresi Heating and Cooling in the amount
of $299,189.60. Aye: (5). Nay: (0). Motion carried.
(8.4) Authorize adding additional parking spaces at Bill Burke Park and the installation of a
traffic signal on Crawford Street at the entrance of Bill Burke Park.
Michael Morgan, Deputy City Manager, summarized the current parking issues, cost of
the improvements, and funding. He also explained the addition of the traffic signal at the entry to Bill
Burke Park on Crawford Street.
Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize adding
additional parking spaces at Bill Burke Park and the installation of a traffic signal on Crawford Street
at the entrance of Bill Burke Park. Aye: (5). Nay: (0). Motion carried.
(8.5) Authorize a one-year agreement with Cellular One for cellular phone services.
Rodney Franz, Director of Finance and Administration, explained the proposals received
and the agreement.
City Manager Dennis Kissinger commented on the rate structure of the proposal.
Mr. Franz responded to the Commissioner Webb's question on the length of the
agreement, and also recognized the representative from Cellular One.
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Commission
Action #
04-6561
04-6563
04-6564
04-6565
04-6566
J
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to authorize a one-year
agreement with Cellular One for cellular phone services. Aye: (5). Nay: (0). Motion carried.
(8.6) Request for Executive Session for real estate acquisition discussion related to the North
Ohio Grade Separation Project.
(8.6a) Possible action on real estate acquisition issues.
Moved by Commissioner Marrs, seconded by Commissioner Divine, to recess into
executive session for 10 minutes to discuss preliminary matters pertaining to the acquisition of real
estate and matters subject to the attorney-client privilege for the reason that public discussion would
adversely affect the City's position in relation to acquisition of the real estate and would waive the
attorney-client privilege; and reconvene at 5:48 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:38 p.m. and reconvened at 5:50
p.m.
Moved by Commissioner Divine, seconded by Commissioner Jilka to recess into the
current executive session for an additional five minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:50 p.m. and reconvened at 6:00
p.m.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, for the City to pay into
the Clerk of the District Court the sum of $166,550 in payment of the appraiser's award for tracts 9
and 14 and the appraiser's fees in Case No. 04 -CDC -270. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution
No. 04-6116 in relation to property identified as tracts 11, 12, 13 and 16 for the North Ohio Grade
Separation Project. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to recess into
executive session to discuss a matter pertaining to non -elected personnel for the reason that public
discussion of the matter would violate the privacy rights of the non -elected city personnel involve; and
reconvene at 6:06 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:01 p.m. and reconvened at 6:12
p.m. No action was taken.
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 6:12 p.m.
Zo4nte Shadwick, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, City Cler
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