09-25-2006 MinutesCommission
Action #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 25, 2006
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session on the Salina Aviation Service Center
W Financing request. 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.
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There were present:
Mayor Donnie D. Marrs, Chairman presiding
Commissioner Deborah P. Divine
Commissioner Alan E. Jilka
Commissioner R. Abner Pemey
Commissioner John K. Vanier 11
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 September 18, 2006.
06-7300 Moved by Commissioner Divine, seconded by Commissioner Vanier, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #Z06-14, filed by John Baker on behalf of Brand Growth, Inc., requesting a
change in zoning district classification from A-1 (Agricultural) to PC -3 (Planned Shopping Center) on
property addressed as 2755 S. Ninth Street.
(7.1a) First Reading Ordinance No. 06-10359.
Dean Andrew, Director of Planning and Community Development, explained the request,
neighborhood characteristics, and the Planning Commission's recommendation. Mr. Andrew noted
that second reading of the ordinance would occur with the approval of the plat.
A discussion followed between Commissioner Perney, Commissioner Divine, and Mr.
Andrew regarding the applicant obtaining a building permit and the time limit allowed to complete the
plat.
Mr. Andrew also responded to Mayor Marrs' questions regarding the concept plan.
Mr. Andrew responded to City Manager Jason Gage's question regarding the filing of a
preliminary plat.
06-7301II Moved by Commissioner Divine, seconded by Commissioner Pemey, to pass Ordinance
No. 06-10359 on first reading. Aye: (5). Nay: (0). Motion carried.
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(7.2) Resolution No. 06-6310 authorizing an agreement with Melvin A. Bergkamp Trust relating
to the annexation of property located on the south side of Schilling Road, between South Ninth Street
and the Union Pacific Railroad tracks.
Mayor Marrs recused himself due to conflict of interest.
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W Vice -Mayor Jilka assumed the chair.
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ti Dean Andrew, Director of Planning and Community Development, explained the request
N and the agreement. Mr. Andrew then responded to Commissioner Divine's question regarding the
future utility and street improvements.
Scott Bergkamp, 108 N. Presley, asked for clarification of Section 6 of the agreement.
Shawn O'Leary, Director of Public Works, responded to Mr. Bergkamp.
06-7302 Moved by Commissioner Vanier, seconded by Commissioner Divine, to adopt Resolution
No. 06-6310 as amended. Aye: (4). Nay: (0). Abstained: (1) Marrs. Motion carried.
(7.3) Application #A06-2, filed by Melvin Bergkamp on behalf of the Melvin A. Bergkamp
Trust, requesting annexation of a 17.4 acre tract of land located on the south side of Schilling Road,
west of the Union Pacific railroad tracks.
(7.3a) First reading Ordinance No. 06-10360.
Dean Andrew, Director of Planning and Community Development, explained the request.
Mr. Andrew also responded to Commissioner Perney's question regarding the city limit boundaries.
06-7303 Moved by Commissioner Divine, seconded by Commissioner Vanier, to pass Ordinance
No. 06-10360 on first reading. Aye: (4). Nay: (0). Abstained: (1) Marrs. Motion carried.
Mayor Marrs resumed the chair.
ADMINISTRATION
(8.1) Second Reading Ordinance No. 06-10358 amending Section 5-102 of the Salina Code
pertaining to revocation or suspension of cereal malt beverage licenses.
Mayor Marrs noted that Ordinance No. 06-10358 was passed on first reading on September
18, 2006 and since that time no comments have been received.
Commissioner Divine proposed an amendment to clarify the amount of time of suspension.
06-7304 Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Ordinance No.
06-10358 on second reading as amended. A roll call vote was taken. Aye: (5) Divine, Jilka, Perney,
Vanier, Marrs. Nay: (0). Motion carried.
(8.2) Approve Change Order No. 1 for Fire Station No. 2 Addition and Renovation, Project No.
05-1508.
Jason Gage, City Manager, request that the item be removed from the agenda.
06-7305 Moved by Commissioner Jilka, seconded by Commissioner Perney, to remove Item 8.2
from the agenda. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution No. 06-6311 authorizing a license agreement with Magnolia Hills, Inc. for
installation of center islands located at the intersections of Stonepost Lane and Markley Road and
Brokestone Drive and Markley Road.
Dean Andrew, Director of Planning and Community Development, explained the request
and agreement. Mr. Andrew and Shawn O'Leary, Director of Public Works, also responded to Mayor
Marrs' questions regarding the dedication of the detention ponds, future maintenance of the entryway
signs, and the covenants of the subdivision.
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A discussion followed between Commissioner Perney and Mr. Andrew regarding future
maintenance of the entryway signs and assessing the property owners within the subdivision.
Additional discussions followed between Mayor Marrs, Mr. O'Leary regarding the
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maintenance fee and maintenance of the detention ponds.
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Commissioner Perney commented on the use of the license agreement.
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N Commissioner Divine felt that we should encourage developers to include aesthetics, but to
not place a burden on the city to maintain them.
A discussion followed between Mayor Marrs and Mr. Andrew regarding the maintenance
fee.
Kelly Dunn, 2524 Burr Oak Circle, stated that they plan to maintain the signs during life of
the subdivision and that they are not wanting to create a homeowners' association.
A discussion followed between Mayor Marrs and Mr. Andrew regarding creating a benefit
district for the maintenance of the signs.
06-7306 Moved by Commissioner Divine, seconded by Commissioner Vanier, to adopt Resolution
No. 06-631 land direct staff to research further means of overcoming the inheritance problems of
future maintenance of aesthetics added within a subdivision. Aye: (5). Nay: (0). Motion carried.
(8.4) Resolution No. 06-6309 amending the Comprehensive Fee Schedule by establishing an
expungement filing fee.
Judge Brenda Stoss, Municipal Court, explained the fee, state statute, and fees charge by
the surrounding communities. Judge Stoss responded to Mayor Marrs' question regarding the number
of requests have been made and the amount of time spent on the filings.
06-7307 Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Resolution
No. 06-6309. Aye: (5). Nay: (0). Motion carried.
(8.5) Resolution No. 06-6312 authorizing a license agreement with Triplett, Inc. to allow use of
city owned right-of-way for installation of private storm drainage improvements.
Shawn O'Leary, Director of Public Works, explained that the applicant asked that this item
be postponed until October 2, 2006.
06-7308II Moved by Commissioner Perney, seconded by Commissioner Jilka, to postpone
Resolution No. 06-6312 until October 2, 2006. Aye: (5). Nay: (0). Motion carried.
(8.6) Authorize the 2006 Downtown Traffic Signal Improvements, Project No. 05-1547.
Shawn O'Leary, Director of Public Works, explained the project, reasons for upgrades and
improvements, project funding, and the citizens' task force and city staff's recommendation to include:
Design Option
1. Actuated/Semi-Actuated/
Fixed Time
2. Signal Coordination
3. Number of Signal Poles
4. Type of Signal Poles
5. Mast Arms
6. Number of Signal Heads
7. Controller Type
8. Emergency Pre-Emption
9. Street Signing
10. Street Lights
Task Force
Actuated on Santa Fe/Iron
Semi -Actuated at Remainder
None
One Per Corner
Painted
Yes — Required
2 mast/1 pole -Santa Fe/ Iron
Minimum on Remainder
Small, Painted Pad -Mounted
Yield to City Commission
On Mast Arms-Wayfinding
Remove all possible
City Staff
Actuated at Santa Fe/Iron
Semi -Actuated at Remainder
None
One Per Corner
Painted
Yes — Required
2 mast/1 pole -Santa Fe/Iron
Minimum on Remainder
Small, Painted Pad -Mounted
Yes
On Mast Arms-Wayfinding
Remove all possible
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Commission
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A discussion followed between David Johnson, Bucher, Willis & Ratliff, City Manager
Jason Gage, Mr. O'Leary, Commissioner Jilka, Mayor Marrs and Commissioner Divine regarding the
N use of painted versus decorative poles.
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w Commissioner Pemey commented on placement of the mast arms, the improvement of the
drainage at Fifth Street and Iron Avenue, and removal of excess light fixtures.
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Mr. Gage commented on number of decorative types of light poles that are currently in the
downtown area.
A discussion followed between Mayor Marrs, Commissioner Pemey, Mr. Gage, and Mr.
O'Leary regarding emergency pre-emption.
06-730 Moved by Commissioner Divine, seconded by Commissioner Vanier, to authorize the 2006
Downtown Traffic Signal Improvements, Project No. 05-1547 with design options recommended by
city staff and direct staff to proceed to a bid letting. Aye: (5). Nay: (0). Motion carried.
Mayor Marrs commented on the use of a task force and obtaining public input.
Commissioner Jilka commented on the cost savings made by eliminating lights.
(8.7) Approve agreement with the Beverly Trust regarding public storm drainage improvements
and award of contract to Malm Construction in the amount of $36,699.
Shawn O'Leary, Director of Public Works, explained the current drainage, the
improvements, and quotes received for constructing the improvements.
City Attorney Greg Bengtson responded to Commissioner Vanier's question regarding
Section 1 of the agreement. Mr. O'Leary and Mr. Bengtson also responded to Commissioner Vanier's
question regarding the drainage in that area, whether the agreement addresses any damage to farm
land.
Mr. O'Leary commented on the lining of the ponds, use of the soil, dedication of the
easement, and water discharge. Additional discussions followed between Mayor Marrs, Mr. O'Leary,
and Mr. Bengtson regarding the dentition ponds, granting of the easement, and the seepage and
discharge rate.
Mr. O'Leary and Mr. Gage responded to Commissioner Divine's question regarding the lot
layout and the flood levee.
A discussion followed between Mayor Marrs, Mr. O'Leary, and Tim Miles of Wilson &
Company regarding the soil analysis conducted in that area and functionality of the detention ponds.
Mr. Bengtson clarified that the needed revisions of the agreement would address the
agricultural crossing, the acreage involved, and that the drainage does not adequately fulfill drainage
needs of future development in the area.
06-731 C Moved by Commissioner Divine, seconded by Commissioner Vanier, to authorize
agreement as amended and award of contract to Malm Construction in the amount of $36,699.00.
Aye: (5). Nay: (0). Motion carried.
(8.8) Request for executive session (real estate).
06-731111 Moved by Commission Divine, seconded by Commissioner Vanier, to remove Item 8.8
from the agenda. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
None.
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Commission
Action #
ADJOURNMENT
06-7312 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 5:47 p.m.
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[SEAL]
ATTEST:
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Lieu Ann Elsey, CMC, C' Clerk
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Donnie D. Marrs, Mayor
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