01-23-2006 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
January 23, 2006
4:00 p.m.
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The City Commission convened at 2:30 p.m. in a Study Session on City Commission Procedures and a
W Cable Franchise Public Input discussion. 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:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: None
CITIZEN FORUM
Mike Zrubek, 150 S. Ninth Street, commented on the number of registered sex offenders living in
Salina and the need to regulate where these offenders are living; because he felt many are living by
schools and daycares.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Appeal from administrative non -renewal of a retailers' cereal malt beverage license.
Mayor Divine noted that the appeal had been withdrawn.
(5.2) Public hearing on the proposed assessments for the RiverRun Addition.
(5.2a) Second reading Ordinance No. 06-10317.
Mayor Divine opened the public hearing.
Rodney Franz, Director of Finance and Administration, explained the special assessment
policy, agricultural deferral requirements, and the proposed ordinance.
There being no further comments, the hearing was closed.
06-7077 Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Ordinance
No. 06-10317 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of January 9, 2006.
(6.2) Authorize the City Manager to sign Policy Endorsement No. 4 with Delta Dental of Kansas,
Inc. for dental care benefits.
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(6.3) Resolution No. 06-6241 authorizing a license agreement with Union Pacific Railroad to
allow the installation of a private storm sewer line in the Fourth Street public right-of-way.
(6.4) Authorize purchase of 70 personal computers from Mwave.com, in the amount of $44,500.
06-607E Moved by Commissioner Perney, seconded by Commissioner Vanier, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
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(7.1) Appeal of Planning Commission decision on Application #Z05-12, filed by Sally J. Enfield,
requesting a change in zoning district classification from R-2 (Multi -Family Residential) to C-1
(Restricted Business) on property addressed as 1125 E. Iron Avenue.
Dean Andrew, Director of Planning and Community Development, explained the request,
existing zoning, availability of parking, conformance with the comprehensive plan, the Planning
Commission's recommendation of denying the request, and the revised site plan that was submitted by
the applicant.
A discussion followed between Commissioner Vanier, Mr. Andrew, and Shawn O'Leary,
Director of Public Works, regarding the revised site plan.
Mr. Andrew responded to Commissioner Marrs' question regarding parking standards and
Mayor Divine's question regarding the surrounding structures.
Mr. O'Leary commented on parking and screening issues.
Mr. Andrew then responded to Commissioner Jilka's question regarding feelings of the
surrounding property owners regarding the request.
Todd Welsh, 221 Morris Drive (representing the applicant on the purchase of the property),
commented on the request, parking and felt that parking issues would be taken care of by the new site
plan.
Warren Ediger, 116 S. Santa Fe Avenue (architect representing the applicant), commented
on the revised site plan, parking, and screening. Mr. Ediger also commented on the zoning of the
surrounding property along East Iron Avenue.
Mr. Andrew responded to Commissioner Perney's and Mayor Divine's questions regarding
Planned C-1, C-1, R-2 and R-2.5 zoning.
Mr. O'Leary then responded to Mayor Divine's question regarding traffic volume and
access locations.
Mr. Andrew responded to Commissioner Perney's question regarding existing zoning in the
area and uses of the Planned Development District.
Commissioner Marrs expressed concerns of acting on the request with additional
information that was not presented to the Planning Commission.
A discussion followed between Commissioner Vanier, Commissioner Perney, Mr. Andrew,
and Jason Gage, City Manager, regarding the timeline of sending the request back to the Planning
Commission, zoning requirements, and the revised site plan.
Sally Enfield, applicant, commented that she preferred the Planned C-1 zoning. She also
commented on the screening and parking.
06-707 Moved by Commissioner Perney, seconded by Commissioner Vanier, that Application
#Z05-12 be approved as Planned C-1 District following the revised site plan that was submitted by the
applicant. Aye: (5). Nay: (0). Motion carried.
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ADMINISTRATION
(8.1) Resolution No. 06-6236 approving the Salina -Saline County Solid Waste Management
Committee's annual plan review for 2005.
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Michael Fraser, Director of General Services, explained the Solid Waste Management
w Committee's recommendation of making no changes to the plan.
06-708C Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution
No. 06-6236. Aye: (5). Nay: (0). Motion carried.
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(8.2) Resolution No. 06-6240 appointing members to various boards and commissions.
Mayor Divine announced the board appointments.
06-7081II Moved by Commissioner Jilka, seconded by Commissioner Vanier, to adopt Resolution No.
06-6240. Aye: (5). Nay: (0). Motion carried.
(8.3) Approval of the Vehicles and Equipments Plan purchases.
Rodney Franz, Director of Finance and Administration, explained the purchases.
Jason Gage, City Manager, responded to Commissioner Marrs' question regarding staff's
review of the number of pieces of equipment within the fleet.
06-7081 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to approve the Vehicles
IIand Equipment plan purchases. Aye: (5). Nay: (0). Motion carried.
(8.4) Second reading Ordinance No. 05-10277 vacating a portion of two public utility easements
in Block 12, Schilling Subdivision No. 5.
(8.4a) Acceptance of dedication of easements in Block 12, Schilling Subdivision No.
5.
Brad Johnson, City Engineer, explained the request, conditions and the acceptance.
06-708 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to adopt Ordinance No.
05-10277 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier, Divine.
Nay: (0). Motion carried.
06-7081 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to accept the
dedication of easements in Block 12, Schilling Subdivision No. 5. Aye: (5). Nay: (0). Motion carried.
(8.5) Second reading Ordinance No. 05-10315 vacating a portion of a public utility easement in
Lot 1, Block 6, Schilling Subdivision No. 5.
(8.5a) Acceptance of a utility easement in Lot 1, Block 6, Schilling Subdivision No. 5.
Brad Johnson, City Engineer, explained the request, conditions, and acceptance.
06-7085 Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Ordinance
No. 05-10315 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
06-708 Moved by Commissioner Perney, seconded by Commissioner Jilka, to accept the dedication
of easement in Lot 1, Block 6, Schilling Subdivision No. 5. Aye: (5). Nay: (0). Motion carried.
(8.6) Resolution No. 06-6239 authorizing an agreement with the Salina Soccer Club Association,
Inc. for the usage of the Salina Soccer Complex.
Jason Gage, City Manager, explained the project and the agreement. Mr. Gage responded to
Commissioner Jilka's question regarding any similar agreements with other city sports facilities and
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admission and concession fees. Mr. Gage and Greg Bengtson, City Attorney, then responded to
Commissioner Marrs' question regarding insurance requirements.
Paula Knox, Salina Soccer Club, responded to Commissioner Marrs' question regarding
N insurance requirements.
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w A discussion followed between Commissioner Marrs and Mr. Gage regarding the insurance
requirement and the need for the requirement for other facilities.
o Additional discussions then followed between Commissioner Perney and Mr. Gage
regarding the city's facility naming policy and naming of the facility.
A discussion followed between Commissioner Marrs, Ms. Knox, and Mr. Gage regarding
the priority scheduling of the complex.
06-708I Moved by Commissioner Vanier, seconded by Commissioner Perney, to adopt Resolution
1No. 06-6239. Aye: (4). Nay: (1) Marrs. Motion carried.
(8.7) Authorization of Phase H of the Salina Soccer Complex project and approval of
Supplemental Engineering Agreement No. 2 with Wilson & Company.
funding.
Shawn O'Leary, Director of Public Works, explained the project, agreement, and project
Jason Gage, City Manager, commented on the financing of the project.
Rodney Franz, Director of Finance and Administration, and Mr. Gage responded to
Commissioner Jilka's question regarding allocating the special alcohol tax funds. Mr. Franz continued
to explain other financing alternatives.
A discussion followed between Mayor Divine and Mr. O'Leary regarding the completion
date of the project.
Additional discussions took place between Commissioner Marrs, Mr. O'Leary, and Troy
Eisenbraun, Wilson & Company, regarding the restroom and concession facilities, parking, and
lighting.
George Montis, 1233 Louise Lane, expressed his opposition of the project.
A discussion followed between Commissioners Marrs and Perney, Mr. Franz, and Mr. Gage
regarding financing of the project.
06-7088 Moved by Mayor Divine, seconded by Commissioner Perney, to authorize Phase II of the
Salina Soccer Complex Improvements, direct staff to include the restroom/storage concession building
and sewer system in Phase H of the project, and allocate an additional $338,000 in city sales tax for the
project in 2006.
Commissioner Perney, Commissioner Jilka, and Mayor Divine expressed their support of
Alternate I of the project.
Commissioner Marrs expressed his support of the project, but the need to have it done
correctly.
Mayor Divine called the question. Aye: (5). Nay: (0). Motion Carried.
(8.8) Resolution No. 06-6242 authorizing a license agreement with Salina Regional Health
Center to allow the use of public right-of-way for temporary signage and construction of a drop off area
on Santa Fe related to the construction of the six story tower project.
Brad Johnson, City Engineer, explained the agreement. Mr. Johnson then responded to
Mayor Divine's question regarding the temporary inset.
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06-708�I Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Resolution
No. 06-6242. Aye: (5). Nay: (0). Motion carried.
(8.9) Consideration of a request from D.S.&O. Rural Electric Cooperative Association, Inc. for
issuance of a franchise allowing them to provide electric service within the Salina city limits.
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W Jason Gage, City Manager, explained the request, and statutory rate and non -rate factors.
Donald Hellwig, D. S. & O, commented on their request and service areas. Mr. Hellwig also
explained the certificate of authority, the organization's operating standards, dual franchising, rates,
and territory loss due to recent annexations. Mr. Hellwig also offered an additional alternative for the
City Commission to consider, in allowing a franchise for future annexed areas. He then responded to
Commissioner Jilka's question regarding regulating and deregulating, the service area boundaries; also
Commissioner Perney's question regarding customer service.
Frank Norton, 2524 E. Magnolia Road, commented on the effect the franchise would have
on the developments in South Salina. Mr. Norton then responded to Commissioner Jilka's question
regarding rates.
Tom Sydow, Westar Energy, commented on Westar's rates and customer service.
06-709 Moved by Commissioner Marrs, seconded by Commissioner Jilka, to recess into executive
session for 10 minutes to discuss matters subj ect to attorney-client privilege and reconvene at 6:45 p.m.
Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:35 p.m. and reconvened at 6:45
p.m.
06-7091] Moved by Commissioner Marrs, seconded by Commissioner Jilka, to reconvene to the
regular meeting. Aye: (5). Nay: (0). Motion carried.
06-709 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to deny the request for
franchise from D.S. & O Rural Electric Cooperative Association, Inc. with the findings being the rate
issue is a major concern; that the city has invested substantial amounts in funding and extension of
water and sewer lines in primary and secondary growth areas and higher substantial costs for electrical
rates would be an issue in that growth area; substantial competition (positive supply and demand) in the
residential housing lot market could serve to keep building lot prices more reasonable, thus spurring
more development and investment in new homes; and extending regular city services to the southeast
Salina area was required due to annexing of Highland Meadow Hamlet and keeping utility rates and
rate providers the same gives the city a better position in that area. Aye: (5). Nay: (0). Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
06-709 Moved by Commissioner Vanier, seconded
Meeting of the Board of Commissioners be adjourned.
meeting adjourned at 6:47 p.m.
[SEAL]
ATTEST:
Lieu Arm Elsey, CMC, Clerk
by Commissioner Jilka, that the Regular
Aye: (5). Nay: (0). Motion carried. The
Deborah Divine, Mayor
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