11-15-2004 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
November 15, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a Salina Community Theatre and
Salina Art Center Briefing. 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 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: Commissioner Deborah P. Divine
CITIZEN FORUM
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Petition #4256, filed by Darrell Victory, representing Kansas Wesleyan
University, requesting the vacation of the 22.5 feet right-of-way lying adjacent to and immediately
south of Lots 2, 4 and 6, except the west 11 feet on the north side of Claflin Avenue in the Grounds
of Kansas Wesleyan University.
(5.1 a) First reading Ordinance No. 04-10249.
Brad Johnson, City Engineer, explained the request, creation of offset in the right-of-way,
property not being landlocked, parking lot requirements, conditional use permit received by the
petitioner, and landscape buffering. Mr. Johnson continued to explain that there is an existing gas line
in the area and Kansas Gas Service has indicated that they would support the vacation if the petitioner
would agree to one of the following:
1. The City of Salina would retain a public utility easement for the entire proposed
vacation area.
2. The petitioner would agree to dedicate a utility easement under separate instrument
for the exact location of the gas line.
3. The petitioner agrees to pay Kansas Gas Service to relocate their gas line out of the
proposed vacation area.
Shawn O'Leary, Director of Public Works, responded to Commissioner Marrs' questions
regarding other similar vacations done in the past and use of a license agreement. Mr. O'Leary
answered Commissioner Jilka's question regarding property ownership.
A discussion followed between Commissioner Marrs, City Manager Dennis Kissinger, Mr.
O'Leary, and Mr. Johnson pertaining to parking lot access, size of the right-of-way, vacation of the
whole block, landscaping buffer, and variances needed.
Jeff Gilliam, architect for the petitioner, commented on the request and the future plan of
removing the off-street parking in this area. Mr. Gilliam then responded to Mr. Kissinger's question
regarding the elimination of off-street parking.
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04-665(
04-665')
04-66591
04-66601
Darrell Victory, Kansas Wesleyan University, commented on the request and staff's
concerns of offsetting of the right-of-way, use of property to the north, parking lot paving, and
landscape buffering.
A discussion followed between Commissioner Webb, Commissioner Marrs and the
petitioner regarding the use of the conditional use permit, buffering requirements, and tree removal.
Commissioner Marrs commented on his opposition of the request and the design would
require several variances.
Commissioner Jilka commented on the need for additional parking, but reluctant to
support the vacation.
Mayor Shadwick asked if the Commission had any other ideas for the applicant, so they
would be able to achieve their goal. Commissioner Marrs suggested the use of the property to the
north.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to deny the request
of Petition # 4256. Aye: (3). Nay: (1) Shadwick. Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of November 8, 2004.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to approve the consent
agenda as presented. Aye: (4). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Resolution No. 04-6130 adopting design standards for residential driveways.
Shawn O'Leary, Director of Public Works, explained the request for the Salina
Homebuilders Association, current regulations, proposed standards, and Planning Commission's
recommendation.
A discussion followed between Commissioner Marrs and Dean Andrew, Director of
Planning and Community Development, regarding maximum lot and paving coverage in a residential
area.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Resolution
No. 04-6130. Aye: (4). Nay: (0). Motion carried.
(8.2) Resolution No. 04-6131 authorizing a license agreement with Lee Haworth Construction
Company, Inc. for installation of center islands at the intersection of Pine Crest Circle and Cedar
Ridge Drive and Timber Drive and Cedar Ridge Drive.
Dean Andrew, Director of Planning and Community Development, explained the request
and license agreement.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Resolution No.
04-6131. Aye: (4). Nay: (0). Motion carried.
(8.3) Request for Executive Session (legal and real estate).
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to recess into executive
session for 10 minutes to discuss with the City Attorney matters subject to the attorney client privilege
for the reason that public discussion would waive the privilege and for preliminary discussions relating
to the acquisition of real estate for the reason that public discussion of the matter could jeopardize the
ability of the City to potentially acquire the subject real estate; and reconvene at 4:52 p.m. Aye: (4).
Nay: (0). Motion carried.
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The City Commission recessed into executive session at 4:42 p.m. and reconvened at 4:52
p.m. No action was taken.
None.
OTHER BUSINESS
ADJOURNMENT
04-6661 Moved by Commissioner Marrs, seconded by Commissioner Webb, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The
meeting adjourned at 4:52 p.m.
Deborah Divine, Vice -Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, City Clerk
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