01-07-2002 MinutesCommission
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 7, 2002
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for an update on Capital Projects
and a "Spraygrounds" Project 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 Kristin M. Seaton, Chairman presiding
Commissioner Deborah P. Divine
Commissioner Alan E. Jilka
Commissioner Monte D. Shadwick
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Lieu Ann Nicola, City Clerk
None.
None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing to consider adoption of Resolution No. 02-5797 providing for the
repair or removal of dangerous structures.
The public hearing was opened.
Michael Morgan, Deputy City Manager explained the process, the timeline of
completion of the removal of structures, and reviewed the potential pieces of property. Mr.
Morgan responded to Commissioner Divine's question regarding the foundation of the house
located at 903 N. 10`" Street.
Debbie Ruud of Sunflower Bank, discussed with the Commission the property
owner's attempts to improve the property located at 903 N. 10" Street and the attempts made by
the property owner to contact City Staff.
A discussion followed with Mayor Seaton, Ms. Ruud, Mr. Morgan, and City Manager
Dennis Kissinger regarding the contact with the property owner, knowledge of the requirements,
and actions to take to potentially be taken off the dangerous structure list.
There being no further comments, the hearing was closed.
02-3149 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Resolution No. 02-5797. Aye: (4). Nay: (0). Motion carried.
(5.2) Appeal hearing on administrative revocation/denial of a taxicab driver's license to
Brian A. Nemitz.
Commission
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02-3151
The public hearing was opened.
Dennis Kissinger, City Manager, reviewed city ordinances pertaining to taxicab
companies and taxicab driver's licenses, the process of obtaining a new/renewal taxicab driver's
license, and past offenses of Mr. Nemitz. Mr. Kissinger also responded to Commissioner Jilka's
question regarding the limitations on checking out -of -county and out-of-state criminal records.
Brian Nemitz, 235 N. 13t°, explained reasons to approve his application and submitted
a list of customers and comments to the Commission. Mr. Nemitz responded to Commissioner
Divine's question regarding his felony conviction in St. Paul, Minnesota.
There being no further comments, the hearing was closed.
Commissioner Divine and Commissioner Jilka commented on the situation presented
and support of upholding the City Manager's decision.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to uphold the
City Manager's administrative revocation/denial of a taxi cab driver's license for Brian Nemitz.
Aye: (4). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of December 17, 2001.
(6.2) Set February 11, 2002 as the public hearing date to hear an appeal of the Planning
Commission's denial of Conditional Use Application #CU01-11 to allow a drinking establishment
in the C-4 Central Business District.
(6.3) Authorize biennial rate revision for City Attorney services with Clark, Mize and
Linville set to $66,742 for calendar years 2002 and 2003.
(6.4) Resolution No. 02-5795 authorizing sale of a dwelling as requested by the Housing
Authority, 1016 Rainbow Drive.
(6.5) Consider delay of cemetery fee increase from January 1, 2002 until March 1, 2002 as
previously authorized by Resolution No. 00-5557.
Mayor Seaton noted that the public hearing date on Item 6.2 was changed from
January 28, 2002 to February 11, 2002.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to approve
the consent agenda as amended. Aye: (4). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Consider request from Excel Development Group to have application #PDD93-6-B,
for development of an elderly housing complex in the Golden Eagle Estates PDD, sent back to the
Planning Commission for reconsideration.
Dean Andrew, Director of Planning and Community Development, explained the
request.
Tim Howison, owner of the property, explained the revisions to the plan and support
of sending the application back to the Planning Commission.
Raymond Russin, 2354 River Trail Road, reviewed the revisions outlined in a letter
sent by Excel Development Group and expressed his opposition toward sending the application
back to the Planning Commission.
Commission
Action M
02-3152 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to send
application #PDD93-6B back to the Planning Commission for consideration of a revised site
development plan. Aye: (4). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) First reading Ordinance No. 02-10069 authorizing the issuance and delivery of
$2,040,000 principal amount of general obligation water and sewer refunding bonds, Series 2002-
A.
Rodney Franz, Director of Finance and Administration, explained the issuance.
Mayor Seaton noted that this would retire the debt service on bonds from water and
sewer system revenues.
02-3153 Moved by Commissioner Shadwick, seconded by Divine, to pass Ordinance No. 02-
10069 on first reading. Aye: (4). Nay: (0). Motion carried.
(8.2) Resolution No. 02-5796 authorizing the sale of two residential lots in Pheasant Ridge
Addition to Welsh & Associates in the amount of $20,000.
Rocky Bumgamer, Assistant to the City Manager, explained the City purchase of
property, the process of selling surplus property, and the offered received from Welsh &
Associates.
A discussion followed between Mayor Seaton, Commissioner Divine, City Manager
Dennis Kissinger, and Mr. Bumgarner regarding the lots, the amount of the offer, and the process
of selling property.
02-3154 Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to declare Lot
5, Block 1 in the Pheasant Ridge Addition as surplus City property and adopt Resolution No. 02-
5796. Aye: (4). Nay: (0). Motion carried.
(8.3) Election of an eligible person to serve the unexpired term of the late Commissioner
Larry Mathews.
Dennis Kissinger, City Manager, explained the proposed process of selection and
receiving nomination. Mr. Kissinger also responded to Commissioner Jilka's question pertaining
to setting a future precedence on nominations, explaining that action taken would not be binding in
the future.
02-3155 Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to establish a
procedure for election of a person to serve the unexpired term of the late Commissioner Larry
Mathews. Aye: (4). Nay: (0). Motion carried.
Mayor Seaton relinquished the chair to the City Clerk for nomination and election of
an eligible person to serve the unexpired term of the late Commissioner Larry Mathews.
Lieu Ann Nicola, City Clerk, opened the floor for nominations.
Mayor Seaton nominated Don Heath.
Hearing no further nomination, nominations were closed.
02-3156 A roll call vote was taken to elect Don Heath to serve the unexpired term. Four votes
in favor of Don Heath (Seaton, Shadwick, Jilka, Divine).
The City Commission elected Don Heath to serve the unexpired term. Adoption of
the resolution appointing Don Heath to serve the unexpired term and the oath of office will be
administered at the January 14, 2002 City Commission meeting, where Don Heath will assume his
seat as a member of the Board of Commissioners.
Commission
02-315'
01-3
Mayor Seaton resumed the chair.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, that the City
Commission recess into executive session for 15 minutes to discuss preliminary matter 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 5:05 p.m.
The City Commission reconvened at 5:05. No action was taken.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Divine, seconded by Commissioner Shadwick, that the
Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion
carried. The meeting adjourned at 5:07 p.m.
tsti(n M. Seaton, Mayor
[SEAL]
ATTEST:
Lieu Ann Nicola, City Clerk