05-16-2005 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 16, 2005
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a KDOT Grant Applications and
Projects Status 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 Deborah P. Divine, Chairman presiding
Commissioner Alan E. Jilka
Commissioner Donnie D. Marrs
Commissioner R. Abner Perney
Commissioner John K. Vanier H
comprising a quorum of the Board, also present:
Deborah Demel, Assistant City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: None
CITIZEN FORUM
Gary Olson, 7300 S. Whitmore Road, Gypsum, commented on the ordinance implementing
the eminent domain process for the soccer complex. He noted that he is interested in working with the
City and asks the Commission to consider the proposal made.
AWARDS - PROCLAMATIONS
(4.1) The week of May 15 — 21, 2005 as "Emergency Medical Services Week" in the City of
Salina. Paramedic Firefighter Jamie Welsch read the proclamation and announced upcoming events.
(4.2) Presentation of plaques of appreciation to outgoing youth board members.
Mayor Divine presented Katie Bengtson a plaque of appreciation for her service on the Arts
and Humanities Commission and thanked Joe Rollins for his service on the Parks and Recreation
Advisory Board.
Ms. Bengtson thanked the Commission for the opportunity to serve. She also expressed
thanks on behalf of Joe Rollins who could not attend the meeting.
(4.3) The month of May 2005 as "National Historic Preservation Month" in the City of Salina.
Mary Douglass, Heritage Commission member, read the proclamation and announced upcoming
events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Petition No. 4259 requesting to vacate the Seventh Street cul-de-sac,
north of Weil Place adjacent to the Santa Fe Campus of the Salina Regional Health Center.
Mayor Divine opened the public hearing.
Dean Andrew, Director of Planning and Community Development, explained the request,
the hospital -medical zoning district, and the hospital future land -use plan. Mr. Andrew continued to
explain the hospital's plans for expansion, the requirements of the vacation of the cul-de-sac, zoning
of the property, and the Planning Commission's recommendation and conditions for the closure of the
cul-de-sac.
A discussion followed between Commissioner Marrs, Mr. Andrew and Director of Public
Works Shawn O'Leary regarding driveway access and any possibility of using Weil Place as a public
street.
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Another discussion followed between Mayor Divine, Commissioner Perney, and Mr.
O'Leary regarding the design of Seventh Street, relocation of the homes, and the vacation of Weil
Place.
Jack Hinnenkamp, Salina Regional Health Center, commented on the design plan of the
expansion area of the hospital as requested by Mayor Divine. Mr. Hinnenkamp expressed the need of
the closure of the Seventh Street cul-de-sac and responded to the Commission's question regarding
moving the homes purchased by the hospital on Seventh Street.
There being no further comments, the public hearing was closed.
No action was taken.
(5.2) Public hearing on Petition No. 4261 requesting to vacate the frontage road on the west side
of North Ninth Street between the Petro 2 Travel Plaza and Monarch Road.
(5.2a) First reading Ordinance No. 05-10276.
Mayor Divine opened the public hearing.
Dean Andrew, Director of Planning and Community Development, explained the request to
vacate the frontage road and the Planning Commission's recommendation and conditions. Mr.
Andrew noted that second reading of the ordinance would be brought back to the Commission once
the conditions were met.
Shawn O'Leary, Director of Public Works, commented on the status of obtaining support
for the vacation from Kansas Westar Energy.
Mr. Andrew and Mr. O'Leary responded to Mayor Divine's questions regarding irrigation
requirements and the storm water drainage in the area.
Rod Crawford, CTM, Inc., commented on the request and Mayor Divine's inquiry
regarding the irrigation and the storm drainage.
There being no further comments, the public hearing was closed.
05-6973 Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Ordinance
No. 05-10276 on first reading. Aye: (5). Nay: (0). Motion carried.
(5.3) Public hearing on Petition No. 4262 requesting to vacate a portion of two existing public
utility easements in Block 12, Schilling Subdivision #5.
(5.3a) First reading Ordinance No. 05-10277.
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Mayor Divine opened the public hearing.
Shawn O'Leary, Director of Public Works, explained the request, existing utilities, and
staff's recommendation of delaying second reading until the new sewer line and easement is in place.
Mr. O'Leary then responded to Commissioner Vanier's question on the relocation of the proposed
sewer line.
There being no further comments, the public hearing was closed.
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05-6974 Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No.
05-10277 on first reading. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of May 9, 2005.
(6.2) Resolution No. 05-6190 authorizing a three -party agreement between Kansas Department
of Transportation, the Kansas and Oklahoma Railroad Company and the City of Salina in relation to
the North Ohio Street Overpass Project.
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Mr -O'Leary responded to Mayor Divine's question regarding insurance liability
requirements in Item 6.2.
Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Golden Eagle Estates Addition No. 4
(7.1 a) Consider acceptance of offered easement and right-of-way dedications in
Golden Eagle Estates Addition No. 4, located on the east side of Huntington Road ditch
south of Wayne Avenue.
(7.1b) Second reading Ordinance No. 04-10245, requesting annexation of Golden
Eagle Estates Addition No. 4.
(7.1 c) Second reading Ordinance No. 04-10244, 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).
Dean Andrew, Director of Planning and Community Development, explained the request,
the final plat, and the street name change from George Logan Court to Logan Court. Mr. Andrew then
commented on the location of the property in the floodway, utilities within the subdivision, phasing of
the public improvements, the subdivision covenants, conformance with comprehensive plan, and the
Planning Commission's recommendation and conditions. Mr. Andrew explained that Condition No. 5
requires that a homeowner's association be created to own and maintain the oxbow detention area and
if no homeowner's association is not formally incorporated; the detention area would be dedicated to
the City of Salina along with payment of a maintenance fee for perpetual City maintenance of the area.
Mr. Andrew noted that no association has been created since 1993.
Tim Howison, developer, commented on the George Logan Court street name change and
that the developers did not agree with the name change. Mr. Howison then commented on creation of
the homeowner's association, the drainage of the area, and the lack of the need for the association until
this request.
A discussion followed between Commissioner Perney and Mr. Howison regarding property
owners' knowledge of the association being created in subdivisions 1-3.
Another discussion followed between Mayor Divine, Mr. Andrew, and Mr. Howison
regarding the creation of the association.
Dan Meinhardt, developer, thanked city staff for their work. Mr. Meinhart commented on
the street name of George Logan Court to Logan Court, noting that the street was to be named after
one of his sons.
A discussion followed between the Commission, Greg Bengtson, City Attorney, Mr.
Andrew, Mr. O'Leary, and Mr. Howison regarding the formal creation and incorporation of the
association, the covenants, lack of bylaws and articles of incorporation, the need for documentation to
be filed with the Secretary of State, and the time limit for the land to be dedicated to the city if no
association was created.
Moved by Commissioner Marrs, seconded by Commissioner Perney, to authorize the
Mayor to sign the Plat and accept the offered easement and street right-of-way dedications on behalf of
the City and have the plat recorded with the Register of Deeds provided a homeowner's association is
created to own and maintain the oxbow detention area and that if a homeowner's association is not
formally incorporated, the detention area shall be dedicated to the City of Salina along with payment
of a maintenance fee for perpetual City maintenance of the area and a street name change from George
Logan Court to Logan Court. Aye: (5). Nay: (0). Motion carried.
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05-6977 Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No.
04-10245 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
05-6978 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to adopt Ordinance No.
04-10244 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
(7.2) Appeal of the Planning Commission's April 19, 2005 decision to deny Application
#SUP05-1, filed by Ben Frick, requesting a Special Use Permit to allow an open air flea market at 744
N. Front Street.
Dean Andrew, Director of Planning and Community Development, explained the
temporary use permit process and current locations of open air flea markets. Mr. Andrew continued to
explain the request, current use and zoning of the property and surrounding properties, parking
requirements, the Planning's Commission denial of the application, and the appeals process.
Mr. Andrew clarified as requested by Commissioner Pemey on whether or not Woodland
Street was a platted street.
Joseph Borich, 7111 98`" Terrace, Overland Park, Kansas, attorney representing the
applicant, asked the City Commission to consider modifications to the request and to send the
application back to the Planning Commission. Mr. Borich addressed the Planning Commission's
concerns regarding the infrastructure and suggested that the applicant would be willing to provide
gravel for the parking lot, additional area for parking, and reduce the number of parking spaces to 60.
A discussion followed between Commissioner Marrs and Ben Frick (applicant), 120
Overhill Drive, regarding the parking, number of parking spaces that would be needed, the number of
parking spaces would be allowed in 1,200 square feet, and parking lot accommodations.
05-6979 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to concur with the
Planning Commission's decision of denial of Application SUP #05-1. Aye: (5). Nay: (0). Motion
carried.
ADMINISTRATION
(8.1) Change Order No. 1 on the Museum Gallery Renovation Project No. 04-1506.
Commissioner Marrs recused himself due to conflict of interest.
Shawn O'Leary, Director of Public Works, explained the project, agreement, and project
funding.
05-6980 Moved by Commissioner Vanier, seconded by Commissioner Perney, to approve Change
Order No. 1 for the Museum Gallery Renovation Proj ect No. 04-1506 to McPherson Contractors, Inc.
in the amount of $15,421. Aye: (4). Nay: (0). Abstained: (1) Marrs. Motion carried.
Commissioner Marrs returned.
05-6981 Moved by Commissioner Marrs, seconded by Commissioner Perney, to add Item 8.3 to the
agenda. Aye: (5). Nay: (0). Motion carried.
(8.3) Award of contract for parking lot demolition on Tract No. 10, Project No. 04-1501.
Shawn O'Leary, Director of Public Works, explained that the City Commission awarded
the contract to Bob Smith Salvage, Inc. for the demolition of buildings on nine tracts of land for the
North Ohio Overpass Project. Mr. O'Leary continued to explain that eight of the nine tracts have been
completed; however, due to pending legal action, the contractor withdrew from the contract on the
ninth tract of land. Quotations that were received by the Public Works Department were summarized.
Mr. O'Leary then responded to Commissioner Jilka, Commissioner Vanier and Commissioner Marrs'
questions regarding payment to the previous vendor, amount of concrete to be removed, and disposal
of the materials.
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Commissioner Perney commented that it was good to see the project move forward and
receiving quotations from local vendors.
Moved by Commissioner Perney, seconded by Commissioner Jilka, to award the contract
for the parking lot demolition on Tract No. 10, Project No. 04-1501 to APAC-Kansas, Inc., Shears
Division, in the amount of $19,035.05. Aye: (5). Nay: (0). Motion carried.
Mayor Divine appointed Chelsey Mueller to the Arts and Humanities Commission and
Ashley Money to the Parks and Recreation Advisory Board as youth members.
(8.2) Request for executive session (legal issues & contracts).
Commissioner Marrs, seconded by Commissioner Jilka, to recess into executive session for
five minutes to discuss preliminary matters relating to the acquisition of real estate for the reason that
public discussion of the matter would jeopardize the City's position in relation to acquisition of the
real estate; and reconvene at 6:00 p.m.
The City Commission recessed into executive session at 5:55 p.m. and reconvened at 6:00
p.m.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to recess into the
current executive session for an additional five minutes. Aye: (5). Nay: (0). Motion carried.
p.m.
The City Commission recessed into executive session at 6:00 p.m. and reconvened at 6:09
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Vanier, seconded by Commissioner Marrs, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 6:09 p.m.
[SEAL]
,ATTEST:
VU&4Q,&-X—
Lieu Ann Elsey, City Cl
Deborah Divine, Mayor
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