09-27-2004 MinutesCommission
Action #
04-6577
04-6578
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 27, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a Capital Improvement Planning
Discussion, and discuss Economic Development/Sales Tax with SDI and NCKRPC representatives
immediately following the regular meeting. 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 D. 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
Penny Day, Deputy City Clerk
Absent: None
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Resolution No. 04-6104 expressing gratitude and appreciation to Court Clerk Beverly J.
Pratt for her employment with the City of Salina from February 21, 1995 to September 30, 2004.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Resolution No.
04-6104. Aye: (5). Nay: (0). Motion carried.
(4.2) The week of October 3 — 9, 2004 as "Fire Prevention Week" in the City of Salina. John
Helm, Fire Marshal, read the proclamation and announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the minutes of September 20, 2004.
(6.2) Award of contract for the Sanitary Sewer Manhole Reconstruction, Project No. 04-1464
to Utility Maintenance Contractors, L.L.C. in the amount of $30,340.
(6.3) Resolution No. 04-6119 authorizing an agreement with Lowenthal, Singleton, Webb and
Wilson PA, Certified Public Accountants for an audit of City records for the year ending December
31, 2004.
(6.4) Award of contract for Concrete Structure Rehabilitation at the Wastewater Treatment
Facility, Project No. 04-1466 to Mayer Specialty Services, L.L.C., in the amount of $49,050.
Moved by Commissioner Webb seconded by Commissioner Divine, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
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Commission
Action #
04-657:
04-6581
04-6581
04-65831
04-65841
DEVELOPMENT BUSINESS
(7.1) Application #Z04-20 filed by Jeff Gillam on behalf of Weis Fire sand Safety Equipment
requesting a change in zoning district classification from R-2 (Multi -Family Residential) to C-6
(Heavy Commercial) on property addressed as 919 N. Fifth Street legally described as Lot 12, Block
3, EMI Addition.
(7.1a) First reading Ordinance No. 04-10235.
Dean Andrew, Director of Planning and Community Development, explained the possible
expansion of the business, the current zoning, and the Planning Commission recommendation. Mr.
Andrew also responded to Commissioner Divine's question concerning the residential zoning in the
area.
Moved by Commissioner Divine, seconded by Commissioner Webb, to approve
Application #Z04-20 filed by Jeff Gillam on behalf of Weis Fire and Safety Equipment. Aye: (5).
Nay: (0). Motion carried.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to pass Ordinance No.
04-10235 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) Application #A04-10, filed by the Elks Home Association, requesting annexation of a
10.22 acre portion of the Elks Country Club.
(7.2a) First reading Ordinance No. 04-10240.
Mike Morgan, Deputy City Manager, explained the similarities to the Salina Country Club
annexation, and that this property will be included in the benefit district for Phase IT of the Marymount
Road Improvements.
Dean Andrew, Director of Planning and Community Development, responded to
Commissioner Webb's question concerning the reason for the agricultural zoning.
Moved by Commissioner Divine, seconded by Commissioner Webb, to approve
Application #A04-10, filed by Elks Home Association.
Moved by Commissioner Marrs, seconded by Commissioner Divine, to pass Ordinance
No. 04-10240 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.3) Consider annexation requests from three property owners on West Grand Avenue.
(7.3a) First reading Ordinance No. 04-10237.
(7.3b) First reading Ordinance No. 04-10238.
(7.3c) First reading Ordinance No. 04-10239.
(7.3d) Resolution No. 04-6120 authorizing annexation agreements with Melvin Kejr
of Kejr, Inc., dba Geoprobe Systems, Craig King of King Industries, and Tim Ochs of
Twin Ochs Industries relating to the annexation of property located on the north and south
sides of Grand Avenue west of Dry Creek.
Mike Morgan, Deputy City Manager, explained that these properties are not contiguous
to the existing city limits, and that County Commission approval would be required between first and
second reading of the ordinance.
Mr. Morgan responded to Commissioner Marrs' question concerning, the property owners
in between the city limits, and the proposed annexation.
Dean Andrew, Director of Planning and Community Development, responded to
Commissioner Webb's question concerning the platting status of the proposed annexation.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to pass Ordinance No.
04-10237 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to pass Ordinance No.
04-10238 on first reading. Aye: (5). Nay: (0). Motion carried.
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Commission
Action #
04-65E
EFIR N.
04-658
04-659C
04-6591
Moved by Commissioner Webb, seconded by Commissioner Divine, to pass Ordinance
No. 04-10239 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to pass Resolution
No. 04-6120. Aye: (5). Nay: (0). Motion carried.
(7.4) Application #M02-3, filed by the Salina City Planning Commission, requesting an
amendment to Salina's Comprehensive Plan to create a new Hospital -Medical land use category as part
of Salina's Future Land Use Plan.
Dennis Kissinger, City Manager, requested that the item be tabled until October 11, 2004.
Moved by Commissioner Divine, seconded by Commissioner Webb, to table Application
#M02-3 until October 11, 2004. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 04-10233 vacating an existing utility easement between
Lots 1 and 2, Brock Addition.
Mayor Shadwick reported that Ordinance No. 04-10233 was passed on first reading on
September 20, 2004 and since that time no comments have been received.
Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance
No. 04-10233 on second reading. A roll call was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 04-10234 ordering the acquisition of certain real estate for
the purpose of constructing the North Ohio Overpass Project.
Mayor Shadwick reported that Ordinance No. 04-10234 was passed on first reading on
September 20, 2004 and since that time no comments have been received.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Ordinance No.
04-10234 on second reading. A roll call was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick.
Nay: (0). Motion carried.
(8.3) Resolution No. 04-6118 appointing members to the Arts & Humanities Commission, BID
#1 Design Review Board and the Board of Zoning Appeals.
Mayor Shadwick announced the appointments.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to approve Resolution
No. 04-6118. Aye: (5). Nay: (0). Motion carried.
(8.4) First reading Ordinance No. 04-10236 amending the Salina Code by repealing Chapter 16
pertaining to food and food handlers.
Dennis Kissinger, City Manager, explained that the Health Department no longer requires
a local ordinance, and they have a contract with KDHE which requires the repeal of the local
ordinance.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to pass Ordinance No.
04-10236 on first reading. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Greg Bengtson, City Attorney, explained that Resolution No. 04-6121 authorizes the City
Manager to sign an agreement that will purchase what is described as Tract No. 17, and that the
relocation of the tank battery will assure access to the tank battery and the well on the east side of the
new railroad track.
Dennis Kissinger, City Manager, requested that a motion be made to purchase this property
from the Solid Waste Reserve Fund. Mr. Kissinger also stated that the additional space may be used
in the future for a composting site, or a tree drop off location.
Mr. Bengtson continued to explain that Section 2 of Resolution No. 04-6121 dealing with
the farm lease agreement with the current owner was written for the reason of the seller having
assurance of the payment arrangement.
Page 3
Commission
Action #
04-659:
04-659.
04-659
Moved by Commissioner Marrs, seconded by Commissioner Divine, to pass Resolution
No. 04-6121. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Jilk:a, to pay the purchase
price from the Solid Waste Reserve Fund. Aye: (5). Nay: (0). Motion carried.
Mayor Shadwick noted that there would be no City Commission October 4, 2004 due to
the League of Kansas Municipalities annual conference. He also reminded everyone that the City
Commission would meet in study session to discuss the economic development/sales tax with Salina
Downtown and the North Central Kansas Regional Planning Commission representatives immediately
following the regular meeting.
ADJOURNMENT
Moved by Commissioner Jilka, seconded by Commissioner Webb, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 4:30 p.m.
Monte D. Shadwick, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC Cit 1lerk
Y
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