08-21-2006 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 21, 2006
4:00 p.m.
z The City Commission convened at 3:45 p.m. in a Study Session for a Citizens' Open Forum. The
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w 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.
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There were present:
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Mayor Donnie D. Marrs, Chairman presiding
Commissioner Deborah P. Divine
Commissioner Alan E. Jilka
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
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of August 14, 2006.
06-723] Moved by Commissioner Divine, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application No. Z06-9, filed by Mark Frazier, requesting a change in zoning district
classification from R (Single -Family Residential) to I-2 (Light Industrial) on property addressed as
1328 Prospect Avenue.
(7.1a) First reading Ordinance No. 06-10346.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation. Mr. Andrew then responded to Commissioner
Divine's question regarding conducting a comprehensive plan for the area instead of addressing each
zoning case separately.
06-72381 Moved by Commissioner Vanier, seconded by Commissioner Perney, to pass Ordinance
No. 06-10346 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.2) Application No. Z06-10, filed by Joan Wilson, requesting a change in zoning district
classification from C-1 (Restricted Business) and R-3 (Multi -Family Residential) to C-3 (Shopping
Center) on property addressed as 2075 S. Ohio Street.
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(7.2a) First reading Ordinance No. 06-10347.
Dean Andrew, Director of Planning and Community Development, explained the request,
current zoning, and the Planning Commission's recommendation of allowing C-2 zoning instead of
Z the requested C-3 zoning.
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A discussion followed between Commissioner Jilka, Commissioner Perney, and Mr.
Andrew regarding the C-2 zoning.
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06423 Moved by Commissioner Divine, seconded by Commissioner Perney, to pass Ordinance
No. 06-10347 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.3) Application No. Z06-11, filed by Triplett Self -Storage, requesting a change in zoning
district classification from R-3 (Multi -Family Residential) and C-5 (Service Commercial) to I-2
(Light Industrial) on property located on the east side of North Ohio Street between Orscheln Farm
and Home and Lakewood Middle School.
(7.3a) First reading Ordinance No. 06-10348.
Dean Andrew, Director of Planning and Community Development, explained the request,
the current zoning, and the Planning Commission's recommendation. Mr. Andrew then responded to
Commissioner Divine's question regarding access points.
A discussion followed between Commissioner Perney and Mr. Andrew regarding the North
Ohio overlay district.
06-72411 Moved by Commissioner Perney, seconded by Commissioner Vanier, to pass Ordinance
No. 06-10348 on first reading. Aye: (5). Nay: (0). Motion carried.
(7.4) Application No. Z06-12, filed by the Foley Equipment Company and H -M Olathe, LLC,
requesting a change in zoning district classification from C-7 (Highway Commercial) district to I-2
(Light Industrial) district on property located on the southwest corner of Ohio Street and I-70.
(7.4a) First reading Ordinance No. 06-10349.
Dean Andrew, Director of Planning and Community Development, explained the request,
zoning requirements, existing zoning, comprehensive plan, and the Planning Commission's
recommendation of granting the I-2 zoning subject to satisfactory platting of the property and their
agreement to conform to the North Ohio Corridor Overlay requirements.
A discussion followed between Commissioner Perney and Mr. Andrew regarding the status
of the creation of the overlay district, and the overlay requirements.
06-7241 Moved by Commissioner Jilka, seconded by Commissioner Perney, to pass Ordinance No.
06-10349 on first reading, subject to satisfactory platting of the property and their agreement to
conform with the North Ohio Corridor Overlay requirements. Aye: (5). Nay: (0). Motion carried.
(7.5) Application No. A06-1, filed byBlue Beacon International, requesting annexation of 11.16
acres of land adjacent to I-135.
(7.5a) First reading Ordinance No. 06-10350.
Dean Andrew, Director of Planning and Community Development, explained the request
and the Planning Commission's recommendation. Mr. Andrew also responded to Commissioner
Divine's questions regarding corridor requirements and the number of billboards that could be placed
on the property.
A discussion followed between Commissioner Divine, Commissioner Jilka, and Mr.
Andrew regarding the number of billboards that could be placed on the property.
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06-7242 Moved by Commissioner Vanier, seconded by Commissioner Perney, to pass Ordinance
No. 06-10350 on first reading. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
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Z (8.1) Second reading Ordinance No. 06-10344 levying special assessments for abatement of
nuisances.
ti Mayor Marrs noted that Ordinance No. 06-10344 was passed on first reading on August 14,
2006 and since that time no comments have been received. Mayor Marrs also noted that the total
amount to be certified has been reduced due to payments that were received since the first reading.
06-7243 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Ordinance No.
06-10344 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Perney, Vanier,
Marrs. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 06-10345 attesting to the possible increase in taxes levied
for budget year 2007 necessary to finance public services.
Mayor Marrs noted that Ordinance No. 06-10345 was passed on first reading on August 14,
2006 and since that time no comments have been received.
06-724 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Ordinance No.
06-10345 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Perney, Vanier,
Marrs. Nay: (0). Motion carried.
(8.3) 2007 Budget
(8.3a) Resolution No. 06-6298 adopting the 2007 annual budget.
(8.3b) Resolution No. 06-6299 appropriating the budgeting and authorizing
implementation.
(8.3c) Resolution No. 06-6300 establishing fees for services.
Jason Gage, City Manager, summarized the proposed budget, appropriations, and revisions
to the comprehensive fee schedule.
Mr. Gage and Shawn O'Leary, Director of Public Works then responded to Commissioner
Divine regarding charges of water services for customers outside the city limits.
06-72451 Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution
No. 06-6298. Aye: (5). Nay: (0). Motion carried.
06-72461 Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution
No. 06-6299. Aye: (5). Nay: (0). Motion carried.
06-724711 Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution
No. 06-6300. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution No. 06-6301 consenting to the levy of 2.877 mills in the year 2006 for use by
the Salina Airport Authority in the year 2007 for the purpose of making airfield capital improvements
and general obligations bond debt service at the Salina Municipal Airport and Salina Airport Industrial
Center.
Jason Gage, City Manager, explained the request.
Michelle Swanson, Salina Airport Authority, responded to Commissioner Jilka's question
regarding the Authority's current indebtedness.
06-7248 Moved by Commissioner Vanier, seconded by Commissioner Divine, to adopt Resolution
No. 06-6301. Aye: (5). Nay: (0). Motion carried.
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(8.5) Resolution No. 06-6302 appointing members to various boards and commissions.
06-7249 Moved by Commissioner Vanier, seconded by Commissioner Divine, to adopt Resolution
No. 06-6302. Aye: (5). Nay: (0). Motion carried.
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w (8.6) Policy direction regarding revocation and/or suspension of cereal malt beverage licenses.
ti Jason Gage, City Manager, explained the current state statute, city code, and the request
N made by Robert German regarding code revisions to allow for suspensions as well.
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A discussion followed between the Commission, Mr. Gage, Lieu Ann Elsey, City Clerk,
and Greg Bengtson, City Attorney, regarding jurisdiction of the licensing, use of a suspension, the
number of violations that occur within a year, and the state statute.
06-725C Moved by Commissioner Jilka, seconded by Commissioner Vanier, to direct staff to
prepare an ordinance amending Salina Code Section 5-102 to expand the options available to the
governing body to include suspension of a cereal malt beverage license. Aye: (3) Jilka, Vanier, Marrs.
Nay: (2) Divine, Perney. Motion carried.
A discussion followed between the City Commission, Mr. Gage, and Mr. Bengtson
regarding the delegation of duties to the City Manager.
06-7251 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to include in the
proposed ordinance delegation authority, specific criteria, and an appeal process to the City
Commission. Aye: (3) Jilka, Vanier, Marrs. Nay: (2) Divine, Perney. Motion carried.
A brief discussion followed between the City Commission regarding specific criteria that
should be included.
(8.7) Award of contract for the 2006 Arterial Street Sidewalk Improvements, Project No. 06-
1573.
Brad Johnson, City Engineer, explained the project, bid bond requirement, and project
funding. Mr. Johnson responded to Mayor Marrs questions regarding bonding requirements.
06-7252 Moved by Commissioner Divine, seconded by Commissioner Jilka, to award of contract
for the 2006 Arterial Street Sidewalk Improvements, Project No. 06-1573, to Davis Concrete
Construction, in the amount of $43,935.75. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
Mayor Marrs thanked Brad Johnson, City Engineer, for his service and wished him the best
in the future.
ADJOURNMENT
06-7253 Moved by Commissioner Vanier, seconded by Commissioner Jilka, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:05 p.m.
[SEA]L]
ATTEST:
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Lieu Ann Elsey, CMC, ity Clerk
Alan E. Jilka, ice-kay
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