06-27-2005 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 27, 2005
4:00 p.m.
The City Commission convened at 3:00 p.m. in a Study Session for a North Ohio Project 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 II
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) Resolution No. 05-6188 expressing gratitude and appreciation to Account Clerk II, Esther
J. Wolfe for her employment with the City of Salina from November 14, 1977 to June 30, 2005.
(4.2) Resolution No. 05-6189 expressing gratitude and appreciation to Maintenance Worker III,
Verel E. Hall for his employment with the City of Salina from December 5, 1976 to June 30, 2005.
Moved by Commissioner Perney, seconded by Commissioner Marrs, to adopt Resolution
Nos. 05-6188 and 05-6189. Aye: (5). Nay: (0). Motion carried.
Mayor Divine presented Ms. Wolfe with her plaque of appreciation.
Ms. Wolfe thanked the Mayor, Commission and citizens for the privilege to serve the
community.
(4.3) The day of July 4, 2005 as "Eric Stein Day" in the City of Salina. Jim Brown, General
Manager of the Salina Municipal Band, read the proclamation and announced upcoming events.
Mayor Divine thanked Mr. Stein for his service in the community.
Dennis Kissinger, City Manager, noted that the Municipal Band is one of the few activities
that continue to have a long standing within the community, being established in the early 1900s.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Petition No. 4264 requesting the vacation of an utility easement between
Lots 1 and 2, Block 1, Brock Addition.
(5.1a) First reading Ordinance No. 05-10290.
Mayor Divine opened the public hearing.
Brad Johnson, City Engineer, explained the request and holding of second reading until
written approval to formally vacate the easement is received from Westar and Southwestern Bell
Company.
There being no further comments, the public hearing was closed.
Moved by Commissioner Marrs, seconded by Commissioner Perney, to pass Ordinance No.
05-10290 on first reading and second reading to occur when written approval is received from Westar
and Southwestern Bell Company. Aye: (5). Nay: (0). Motion carried.
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CONSENT AGENDA
(6.1) Approve the minutes of June 20, 2005.
(6.2) Accept staff report on the 2005 — 2006 Comprehensive Insurance Program.
Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve the consent
agenda with an amendment to the minutes to remove the word "briefly" regarding Commissioner
Jilka's comments on reviewing the public art policy. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) First reading Ordinance No. 05-10286 providing a change in zoning district classification
from R-2 (Multi -Family Residential) to C-3 (Shopping Center District) on property described as Lots
1, 2 and 3, Block 4, Shalimar Plaza Addition (Application #Z05-3 filed by Dillons Investment
Company, Inc.).
Dean Andrew, Director of Planning and Community Development, explained the request,
planned future use of the property, zoning of the surrounding area, and the Planning Commission's
recommendation. Mr. Andrew then responded to Commissioner Vanier's question regarding the
zoning request.
A discussion followed between Commissioner Marrs, Commissioner Perney, and Mr.
Andrew regarding screening and landscaping requirements and parking lot capacity usage.
Moved by Commissioner Vanier, seconded by Commissioner Jilka, to pass Ordinance No.
05-10286 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) First reading Ordinance No. 05-10287 providing a change in zoning district classification
from Saline County AG (Agricultural) to PDD (R) (Single -Family Residential) in the Highland
Meadows Hamlet Woodlands Addition (Application 4PDD-95-2A filed by Frank Norton).
Dean Andrew, Director of Planning and Community Development, explained the request,
suitability of the development, conformance with the comprehensive plan, public facilities and
services, and the Planning Commission's recommendation and conditions. Mr. Andrew responded to
Mayor Divine's questions regarding whether the streets in Phase II would be private and the
establishment of a homeowner's association and funds.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to pass Ordinance No.
05-10287 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.3) Approval of a final plat of the Highland Meadows Hamlet Woodlands Addition
(Application #P95 -6B filed by Frank Norton).
Dean Andrew, Director of Planning and Community Development, explained the request,
the subdivision design, improvements, phasing of the improvements, covenants, the relationship with
the Comprehensive Plan, and the Planning Commission's recommendation and conditions.
Moved by Commissioner Perney, seconded by Commissioner Jilka, to approve the final
plat of the Highland Meadows Hamlet Woodlands Addition, subject to the conditions outlined by the
Planning Commission (authorizing the Mayor to sign the plat and accept the offered utility and
drainage easement dedications on behalf of the City). Aye: (5). Nay: (0). Motion carried.
(7.4) First reading Ordinance No. 05-10288 annexing the Highland Meadows Hamlet
Woodlands Addition (Application #A05-3 filed by Frank Norton).
Dean Andrew, Director of Planning and Community Development, explained the request.
Moved by Commissioner Jilka, seconded by Commissioner Vanier, to pass Ordinance No.
05-10288 on first reading. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 05-10285 vacating a portion of a public utility easement in
Block 8, Twin Oaks II Subdivision.
Mayor Divine noted the conditions have not been met as outlined at the June 20, 2005
meeting.
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(8.2) First reading Ordinance No. 05-10283 amending the Salina Code by repealing Section 25-
160 pertaining to storage of firearms.
(8.2a) Authorize and direct staff to develop substitute public safety information and
education programs to encourage voluntary efforts to use locked storage or trigger locks to
help prevent access by children to functioning firearms.
Dennis Kissinger, City Manager, explained the Legislature that deals with state law
regarding weapons. Mr. Kissinger continued to explain that the Kansas House approved a substitute
bill to the Senate Bill 195 to preempt local ordinances on purchase, transfer, and storage of firearms.
Moved by Commissioner Marrs, seconded by Commissioner Vanier, to pass Ordinance No.
05-10283 on first reading and authorize and direct staff to develop substitute public safety information
and education programs. Aye: (5). Nay: (0). Motion carried.
(8.3) First reading Ordinance No. 05-10284 amending the Salina Code by repealing Section 38-
118 pertaining to sounding of train horns or whistles at certain intersections.
Dennis Kissinger, City Manager, explain the amendment due to the final regulations that
were issued by the Federal Railroad Administration on April 27, 2005. Mr. Kissinger also noted the
future reduction of rail traffic in this area due to the North Ohio Overpass.
Moved by Commissioner Perney, seconded by Commissioner Jilka, to pass Ordinance No.
05-10284 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.4) First reading Ordinance No. 05-10289 granting a franchise to Kansas Gas Service.
(8.4a) First reading Ordinance No. 05-10291 pertaining to the transportation,
distribution, and sale of natural gas.
Dennis Kissinger, City Manager, explained the franchise ordinances, effective dates, and
terms of the agreements, franchise fees, the option to review will be at years five and ten, and its fiscal
impact.
Moved by Commissioner Marrs, seconded by Commissioner Perney, to pass Ordinance No.
05-10289 on first reading subject to language changes that may occur between first and second
reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Vanier, to pass Ordinance No.
05-10291 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.5) First reading Ordinance No. 05-10292 granting an electric franchise to Westar Energy, Inc.
Dennis Kissinger, City Manager, outlined the franchise agreement ordinance and primary
components of the agreement. Mr. Kissinger also commented on the tree trimming provisions, and the
fiscal note.
Moved by Commissioner Vanier, seconded by Commissioner Marrs, to pass Ordinance No.
05-10292 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.6) Award of contract for the 2005 Asphalt Arterial Major Maintenance, Project No. 05-1529.
Mayor Divine congratulated Mr. Johnson on his recent Engineer of the Year Award.
Brad Johnson, City Engineer, explained the project, bids received, and project funding.
Mr. Johnson responded to Commissioner Marrs' questions regarding the comparison of the cost of the
project to projects done in the past and project funding.
Moved by Commissioner Marrs, seconded by Commissioner Perney, to award the contract
for the 2005 Asphalt Arterial Major Maintenance, Project No. 05-1529 to APAC-Kansas, Inc. Shears
Division in the amount of $601,701.25 and authorize staff to negotiate a change order for the inclusion
of a section of Ohio Street at the intersection of Iron Avenue. Aye: (5). Nay: (0). Motion carried.
Dennis Kissinger, City Manager, and Mayor Divine commented on present and future
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street projects. Mayor Divine noted possible future public education that can be done on Community
Access TV.
(8.7) Resolution No. 05-6197 concurring the award of contract with APAC-Kansas, Inc., Shears
Division for the construction of the earthwork and drainage of the Rail Spur portion of the North Ohio
Z Overpass Project.
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(8.7a) Authorize a Three Party Agreement with the Kansas Department of
Transportation and Wilson & Company, Inc. for the construction engineering and
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inspection of the Rail Spur portion of the North Ohio Overpass Project.
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Shawn O'Leary, Director of Public Works, explained the project, bids received by KDOT,
and the need to concur with the bid. Mr. O'Leary continued to explain the agreement and funding and
city share of the project. Mr. O'Leary commented on the revisions to the resolution and the addition
of the phrase "on a mutually agreeable schedule".
Mr. O'Leary then responded to Commissioner Marrs' inquiry regarding work to be done
regardless of the outcome of the bids in August. A discussion then followed regarding responsibility
of taking out street crossings and benefits of the project and downtown impact of lessening train
traffic.
05-6745II Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Resolution
No. 05-6197. Aye: (5). Nay: (0). Motion carried.
05-6746 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to authorize a three
party agreement with the Kansas Department of Transportation and Wilson & Company, Inc. for the
construction engineering and inspection of the Rail Spur portion of the North Ohio Overpass Project in
the amount of $36,886.51. Aye: (5). Nay: (0). Motion carried.
(8.8) Request for Executive Session (Legal).
05-6747 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to recess into executive
session for 15 minutes to discuss with the City Attorney a matter subject to the attorney client
privilege for the reason that public discussion would waive the privilege and to discuss a personnel
matter involving non -elected personnel of the City for the reason that public discussion of the matter
would violate the privacy rights of the City employee involved; and reconvene at 5:25 p.m. Aye: (5).
Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:10 p.m. and reconvened at 5:25
p.m. No action was taken.
None.
OTHER BUSINESS
ADJOURNMENT
05-6748 Moved by Commissioner Vanier, seconded by Commissioner Perney, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:26 p.m.
[SEAL] Deborah Divine, Mayor
ATTEST:
Lieu Ann Elsey, CMC, CUy Clerk
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