10-25-2004 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 25, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a C.I.P./Sales Tax Discussion
(South 9th Corridor Plan Overview, South 9th Street Project Phases, Pool Project, East Magnolia Road
project alternatives). 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
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Presentation of plaques of appreciation to outgoing board and commission members.
Mayor Shadwick presented plaques to James Manley, BID #1 Design Review Board,
Melissa Goetz, BID #1 Board of Advisors; Anthony Blair, Human Relations Commission, David
Fanshier, Convention and Tourism Committee, James Hass and Tom Hedges, City Planning
Commission; and Dennis Shelton, Community Corrections Board.
Mayor Shadwick also thanked board and commission members that were not present:
Warren Ediger, BID #1 Design Review Board; Martha Brown, BID #1 Board of Advisors; Sira Sidiki,
Human Relations Commission; Jeanette Mikinski, Tree Advisory Board; Charles May, Board of
Zoning Appeals, Michael Cloutier, Arts & Humanities Commission; and Chris Gruber, Community
Corrections Board.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on street, sidewalk and drainage improvements of South Marymount Road,
between Cedar Ridge Drive and RiverRun Parkway.
(5.1 a) Resolution No. 04-6126 setting out the findings and determinations of the
advisability of improvements of South Marymount Road.
(5.1b) Resolution No. 04-6127 authorizing improvements of South Marymount Road.
Mayor Shadwick opened the public hearing.
Brad Johnson, City Engineer, explained the project, estimated cost, and financing.
There being no further comments, the public hearing was closed.
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Commission
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04-6615
04-6620
04-6621
04-6622
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution
No. 04-6126. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Resolution No.
04-6127. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of October 11, 2004.
(6.2) Table second reading of Ordinance No. 04-10206 amending the Downtown Design Review
Board until December 20, 2004.
(6.3) Authorize the Mayor to sign the final plat of the Peaceful Valley Addition, located at the
northwest corner of Old Highway 81 & Shipton Road in Saline County.
(6.4) Resolution No. 04-6128 requesting the County Commissioners to determine the
advisability of the annexation of three tracts of land located on West Grand Avenue.
(6.5) Approval of Change Order No. 1 for the 2004 Subdivision Improvement, Yost Addition,
Project #03-1423 with APAC-Kansas Inc., Shears Division in the amount of $10,363.80.
Commissioner Marrs noted a correction to the vote of Action #04-6611 (Aye: (4). Nay:
(1) Divine.)
Moved by Commissioner Marrs, seconded by Commissioner Webb, to approve the consent
agenda as amended. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #PDD03-3, filed by Golden Eagle Estates, LTD., requesting a change in
zoning district classification from Saline County AG (Agricultural) to PDDR (Single -Family
Residential), R-1 (Single Family Residential), R-2 (Multi -Family Residential) and A-1 (Agricultural).
(7.1a) First reading Ordinance No. 04-10244.
Dean Andrew, Director of Planning and Community Development, explained the request,
neighborhood characteristics, utilities, conformance to the Comprehensive Plan, and the Planning
Commission's recommendation.
Michael Morgan, Deputy City Manager, thanked the applicant, Planning Commission, and
staff for their work.
A discussion followed between Commissioner Marrs and Mr. Andrew regarding the
setback.
Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 04-10244 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) Application #A03-5, filed by Golden Eagle Estates, Ltd., requesting annexation of a 56.65
acre tract located at the east end of Wayne Avenue east of the Huntington Road ditch.
(7.2a) First reading Ordinance No. 04-10245.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation.
Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 04-10245 on first reading. Aye: (5). Nay: (0). Motion carried.
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Commission
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04-6623
04-6624
04-6625
04-6626
ADMINISTRATION
(8.1) Authorize the sale of real estate property described as Lots 11 and 12, Block 11, Calkins
Addition.
Rodney Franz, Director of Finance and Administration, explained the characteristics of the
property. Mr. Franz continued to explain the offer made by Christopher Helm of $2,500 plus the split
of the cost of the title insurance.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to authorize of sale of
Lots 11 and 12, Block 11, Calkins Addition. Aye: (5). Nay: (0). Motion carried
(8.2) Commission decision on possible allocation of special sales tax funds for the Saline
County Smart Start Initiative.
Dennis Kissinger, City Manager, explained the request of $85,000 sales tax funds per year
for the years 2005, 2006 and 2007 to provide the required local cash match for the Smart Start Kansas
Grant.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve a grant
allocation of $85,000 per year for three years as requested. Aye: (5). Nay: (0). Motion carried.
(8.3) Update regarding redevelopment of 130 W. Prescott and status of the development
agreement with Ms. Christina Keats (Resolution No. 04-6122 was postponed until October 25, 2004).
Michael Morgan, Deputy City Manager, explained that the developer has requested that
prior to executing the agreement they would like to receive a Certificate of Appropriateness for their
plan from the Heritage Commission. He continued to explain that once the developer has received
the certificate, staff would bring back the agreement for City Commission approval.
The City Commission concurred with the report.
(8.4) Award of contract for the Water Distribution Warehouse Parking Lot Improvements,
Project No. 04-1504.
Martha Tasker, Director of Utilities, explained the project, bids received, and project
funding.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to award the contact
for the Water Distribution Warehouse Parking Lot Improvements, Project No. 04-1504 to D.R.C.L.
Electric in the amount of $24,230 and APAC-Kansas, Inc., Shears Division in the amount of
$33,980.65. Aye: (5). Nay: (0). Motion carried.
(8.5) Supplemental Engineering Agreement with Wilson & Company for additional services on
the North Ohio Street Overpass Project.
Shawn O'Leary, Director of Public Works, explained the agreement and agreement
funding. Mr. O'Leary noted that the agreement would provide additional services for land acquisition.
A discussion followed between Commissioner Marrs, Mr. O'Leary, and Troy Eisenbraun
of Wilson & Company, regarding the eminent domain services, hourly rate of service, and limitations
of hours of service.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve
Supplemental Engineering Agreement No. 6 with Wilson & Company for additional services on the
North Ohio Street Overpass Project No. 00-1248 in the amount of $27,306. Aye: (5). Nay: (0).
Motion carried.
(8.6) Request by David M. Wells for extension of time to remain in possession of North Ohio
Tract No. 9.
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Commission
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04-662'
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04-6630
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Moved by Commissioner Marrs, seconded by Commissioner Jilka, to recess into executive
session for ten minutes to discuss with the City Attorney a matter subject to attorney client privilege
for the reason that public discussion would waive that privilege; and reconvene at 4:50 p.m. Aye: (5).
Nay: (0). Motion carried.
The City Commission recessed into executive session at 4:40 p.m.
Moved by Commissioner Divine, seconded by Commissioner Webb, to reconvene the City
Commission meeting at 4:47 p.m. Aye: (5). Nay: (0). Motion carried.
David Wells requested additional time to move equipment from the property that the City
of Salina had purchased for the North Ohio Overpass project. Mr. Wells requested an extension until
spring of 2005.
A discussion followed between Commission Marrs, Commissioner Divine, City Attorney
Greg Bengtson, Public Works Director Shawn O'Leary, and Director of Planning and Community
Development Dean Andrew regarding ownership of the tract of land, distribution of payment funds
from District Court, relocation compensation, current zoning of the property and permitted uses.
Moved Commissioner Marrs to grant an extension until December 1, 2004. Motion died
due to lack of a second.
Moved by Commissioner Webb, seconded by Commissioner Divine, to deny the extension.
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 4:55 p.m.
[SEAL]
AT EST:
Lieu Arm Elsey, CMC, Ci lerk
Monte Shadwic�k,M a y o
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