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12-10-2007 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 10, 2007 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session on Air Service — Third Flight. 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: ' N Mayor Alan E. Jilka, Chairman presiding Commissioner Loci Larson Commissioner Aaron Peck Commissioner R. Abner Perney 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 None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution No. 07-6452 expressing gratitude and appreciation to Leon W. Clemmons for his employment with the City of Salina from September 1, 1987 to December 14, 2007. ' 07-7321 Moved by Commissioner Vanier, seconded by Commissioner Peck, to adopt Resolution No. 07-6452. Aye: (5). Nay: (0). Motion carried. (4.2) Resolution No. 07-6453 expressing gratitude and appreciation to Roger L. Newell for his employment with the City of Salina from October 16, 1982 to December 15, 2007. 07-7322 11 Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Resolution No. 07-6453. Aye: (5). Nay: (0). Motion carried. (4.3) Resolution No. 07-6456 expressing gratitude and appreciation to Dorothy A. Boyle for her employment with the City of Salina from January 1, 1996 to December 31, 2007. 67-7323 Moved by Commissioner Peck, seconded by Commissioner Vanier, to adopt Resolution 11 No. 07-6456. Aye: (5). Nay: (0). Motion carried. Mayor Jilka presented plaques to Mr. Clemmons, Mr. Newell, and Ms. Boyle. They each thanked the City of Salina for the opportunity. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Resolution No. 07-6460 determining that certain real estate is no longer needed by the City of Salina for park purposes and that a direct sale thereof to St. John's Military School would be in the best interest of the city. ' Mayor Jilka opened the public hearing. Dean Andrew, Director of Planning, explained the purchase history of the property, request from St. John's Military School, statutory process, contract of sale of real estate and covenants, and the appraisal of the property. There being no further comments, the public hearing was closed. 07-7324 11Moved by Commissioner Peck, seconded by Commissioner Perney, to adopt Resolution No. 07-6460. Aye: (5). Nay: (0). Motion carried. Page 1 Commission Action # (5.2) Public hearing to consider the establishment of a redevelopment district in the Lambertz Addition. (5.2a) First reading Ordinance No. 07-10428. Jason Gage, City Manager, explained the development project, infrastructure, TIF financing, previous actions authorized by the City Commission, and the statutory process. a w Mayor Jilka opened the public hearing. v ' § Gary Swartzendruber, 528 S. College, thanked the Chamber and City staff for the proposal for the tax incentives. Mr. Swartzendruber asked questions regarding whether Kohl's have given a guarantee to stay if the development was approved, if any benefits been committed in advance, payment for expenses, the present and future property tax valuation, use of the property tax, interest and payoff of the bonds, use of the tax incentives, and incentives used for existing retailers. Mr. Gage responded to Mr. Swartzendruber's questions. Christian Ablah, Classic Real Estate, responded to Commissioner Perney's questions whether this was his first time working with Kohl's and out of the number of stores they are opening, how many have required a local subsidy. Mayor Jilka commented that he was withdrawing his support for using a TIF district. He explained that he did not feel that it was appropriate to use government incentives to aid businesses in locating here to compete with existing retailers. I -Ie noted recent developments such as the Target and Lowes Stores that located in Salina without government incentives. Mayor Jilka expressed concerns of setting precedence for future developments. Commissioner Perney noted that he has been nervous about the TIP concept and that no policy is in place for future developments. He suggested that the item be postponed to discuss the long term plan. ' Commissioner Peck noted that he agreed with Mayor Jilka and Commissioner Perney's concerns and the need to look at a master plan for the city; however, he had been supportive of this item. Mr. Gage responded to Commissioner Peck's question regarding the timeline of the development. Mr. Gage continued to explain that this item would only establish the redevelopment district and there would be future items that the City Commission would have to consider. He referenced the City of Salina Economic Strategic Plan that was adopted by the City Commission. A discussion followed between Mayor Jilka and Mr. Gage regarding setting precedence. Additional discussions followed between Commissioner Vanier, Commissioner Perney, Dean Andrew, Director of Planning, and Mr. Gage regarding the neighborhood revitalization rebates in the downtown district. There being no further comments, the public hearing was closed. 07-7325 Moved by Commissioner Vanier, seconded by Commissioner Larson, to adopt Ordinance No. 07-10428 on first reading. Aye: (3). Nay: (2) Perney, Jilka. Motion carried. ' CONSENT AGENDA (6.1) Approve the minutes of December 3, 2007. (6.2) Resolution No. 07-6461 authorizing an agreement with Freida Mai to provide water service and sanitary sewer service on property located at 3317. S. Avenue C. (6.3) Authorize purchase of four Panasonic Toughbook Computers from CDW-G in the amount of $18,629.40, _ (6.4) Amend the 2007 Stormwater Sub-CIP and authorize the purchase of two portable pumps from Lee Mathews in the amount of $107,292. Page 2 Commission Action # (6.5) Amend the 2007 Vehicles and Equipment Sub-CIP and award the bids for a'/4 ton pick up for the Animal Shelter to Long McArthur Ford in the amount of $16,856 and a 12 -passenger van for the Parks and Recreation Department to 1 -lays Chevrolet in the amount of $21,342. (6.6) Approve the 2008 Vehicles and Equipment Sub-CIP and authorize staff to implement the w plans and solicit bids and proposals. A (6.7) Resolution No. 07-6462 authorizing the City Manager to engage The Session Law Firm for special environmental legal services. Rod Franz, Director of Finance and Administration, noted the inclusion of the milling asphalt machine in the 2008 Vehicles and Equipment Sub-CIP. Mayor Jilka requested that Items 6.2, 6.5, 6.6 and 6.7 be removed from the consent agenda. 07-7326 Moved by Commissioner Vanier, seconded by Commissioner Peck, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Jason Gage, City Manager, responded to Mayor Jilka's question regarding annexing of the property in Item 6.2 and Commissioner Peck's question regarding the bidding process and award of bids to local vendors in Item 6.5. Mayor Jilka requested that staff clarified which items would not be acquired in the 2007 Vehicles and Equipment Sub-CIP. Mr. Franz responded. A discussion followed between Mayor Jilka, Mr. Gage, Mr. Franz, Director of Utilities Martha Tasker, and Director of Public Works Mike Fraser regarding the ambulance, fire hydrants, and the asphalt milling machine that were listed in the 2008 Vehicles and Equipment Sub-CIP. 07-7327 Moved by Commissioner Vanier, seconded by Commissioner Peck, to approve Items 6.2, 6.5, 6.6 and 6.7 as presented. Aye: (5). Nay: (0). Motion carried. ' DEVELOPMENT BUSINESS (7.1) Application #Z07-21, filed by Salina Flabitat for Humanity, Inc., requesting a change in zoning district classification from I-2 (Light Industrial) to R-2 (Multi -Family Residential) on property addressed as 646 N. Fifth Street. (7.1 a) First reading Ordinance No. 07-10426. Dean Andrew, Director of Planning and Community Development, explained the request, zoning of the surrounding property, and the Planning Commission's recommendation. Mr. Andrew responded to Commissioner Peck's question regarding screening and City Manager, Jason Gage's question regarding the comprehensive plan. 07-7328 11 Moved by Commissioner Vanier, seconded by Commissioner Perney, to pass Ordinance No. 07-10426 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Award of the 2007 Solid Waste Venture Grants. ' Mike Fraser, Director of Public Works, explained the request, Solid Waste Management Committee's recommendation and funding of the -Venture Grant. 07-7329 11 Moved by Commissioner Larson, seconded by Commissioner Vanier, to award a 2007 Solid Waste Venture Grant to Salina Waste Systems in the amount of $37,268.66. Aye: (5). Nay: (0). Motion carried. (8.2) First reading Ordinance No. 07-10427 amending Section 24-5 of the Salina Code pertaining to notice to abate nuisances. Page 3 Commission Action # (8.2a). Declare an emergency exists for second reading on the same day. (8.2b) Second reading Ordinance No. 07-10427. Gary Hobbie, Director of Community and Development Services, explained the statutory changes, and the proposed amendment. a w Michael Schrage, Deputy City Manager, and Jason Gage, City Manager, explained the A current process and the proposed amendment. Jared Johnson, Attorney with Clark, Mize & Linville, explained the delegating authority within the ordinance and noted that future amendments to Chapter 24 will be presented to the Commission in the future. 07-7330 Moved by Commissioner Vanier, seconded by Commissioner Peck, to adopt Ordinance No. 07-10427 on first reading. Aye: (5). Nay: (0). Motion carried. 07-7331 II Moved by Commissioner Vanier, seconded by Commissioner Larson, to declare an emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried. 07-7332 I Moved by Commissioner Vanier, seconded by Commissioner Peck, to adopt Ordinance No. 07-10427 on second reading. A roll call vote was taken. Aye: (5) Larson, Peck, Perney, Vanier, Jilka. Nay: (0). Motion carried. (8.3) Resolution No. 07-6459 establishing fees for the Salina Municipal Golf Course. Steve Snyder, Director of Parks & Recreation, explained the golf course operations, the rate increase and budget process. Mr. Snyder continued to explain that the Parks and Recreation Advisory Board discussed this item during their October and November meetings and that staff met with a committee of golfers to discuss the fees. 1 11 Commissioner Peck left at 5:31 p.m. and returned at 5:33 p.m. Rod Franz, Director of Finance and Administration, explained the golf course operations, financial status, current fees, and different fee structures developed by City Staff and citizens. A discussion followed between Mayor Jilka, Mr. Franz and Mr. Snyder regarding unlimited play, co -pays per rounds and senior discounts. Mr. Snyder and Mr. Franz then responded to Commissioner Perney's question regarding the annual discount and the multi -play cards. Commissioner Larson asked staff to explain how the use of the patron card would differ from someone using a membership to the YMCA, because the membership fee does not increase with the number of times they use the facility. Commissioner Vanier noted that the YMCA is subsidized with private funds. A discussion followed between Commissioner Larson, Mr. Snyder, and Golf Pro Steve Hardesty regarding school and tournament rates. Mayor Jilka requested a five minute break at 6:03 p.m. The City Commission reconvened ' at 6:08 p.m. Tom Huffman, 916 W. Cloud, commented on when the golf course was opened, use of the patron card, trail fees, and the current rates. Mr. Huffman expressed his opposition on City staff's proposed rate structure. Mr. Huffman then responded to Commissioner Vanier's question on whether he owned a golf cart and if he stored it at the golf course. Mr. Huffman confirmed that he did own one and stored it at the golf course. John Schwartzman, 2321 RiverTrail Court, commented on the golf course loss of revenue, and felt that the revenue could not cover the operating expenses. Mr. Schwartzman expressed Page 4 Commission Action # concerns of the affect the increase in rales would have on the customers and how the proposed rates compared to other communities. Mr. Schwartzman presented a rate structure to the City Commission. Bob Harriman, 2420 Melrose, commented on the play cards. Mr. Hamman felt that it was unethical to charge the higher fee when play cards are purchased at a lower rate and forcing the customer to pay the difference in price. w A discussion followed between Mayor Jilka,Commissioner Larson and Mr. Snyder regarding carrying over rounds of golf into future years s g Jason Gage, City Manager, asked Mr. Snyder whether a disclosure of fees is printed on the play cards. Mr. Snyder confirmed that it was. Walter Hangstefer, 2410 Applewood, explained that he understood that citizens would be required to sign a three year commitment for the cart storage. Mr. Snyder clarified that was not correct, but citizens that currently have the cart storage would be guaranteed the lower rate for three years. Gary Merrill, 2623 Robin Road, felt that this should not be such a controversial issue, and working out a compromise with the city was important. Mr. Merrill noted concerns with the increase in the 2008 budget. Commissioner Larson asked Mr. Snyder how he felt about the creation of an advisory golf course committee. Mayor Jilka noted this topic would be appropriate to discuss at a later time. Les Vince, 2202 Hillside, explained that he has been on the waiting list for a cart shed for many years. He also expressed concerns regarding the increase in fees. ' Jerry Robertson, 3545 S. Holmes Road, expressed concerns regarding the rates that the schools are required to pay. I -le felt that the schools should pay the same rate as the citizens. Terry Pistoria, 1331 E. Beloit, expressed concerns regarding the amount of the increase and how it compared to other facilities. Mike Warranty, 910 Russell, explained that he felt that an increase is needed; but felt that the decision is being rushed. lie also felt that the co -pay was unreasonable. John Hunt, 638 Albert Avenue, noted the number of senior citizens that help out at the school tournaments. Mr. Hunt suggested a percentage increase on the fees. Joe Milbradt, 724 Sherman, suggested the use of a greens committee. Bob Hedge, 2908 Tasker Lane, expressed concerns in the decrease of rounds played, and felt that the rate increase would decrease it further. Henrietta Corcoran Boyer, 135 S. Bradley and board chair of the Parks and Recreation Advisory Board, explained that the board did not take this issue lightly. She continued to explain that meetings were held, with senior golfers present, and the board has received numerous comments from citizens. Ms. Boyer also commented on the importance of keeping up the equipment for maintenance. Ms. Boyer then responded to Commissioner Larson's question regarding the Parks and Recreation Advisory Board meeting held on November 20 and the meeting held on November 27, 2007 and if those meetings were open to the public. David Nichols, 333 W. Beloit, expressed the need for a rate increase but was concerned with the amount the rates were going to be raised. Commissioner Larson thanked everyone for attending the meeting and the importance of finding a compromise. Commissioner Peck noted that the golf course is funded by the public and not subsidized. Also that staff has put a tremendous amount of time into this issue. Page 5 Commission Action N A discussion followed between Mayor Jilka, Mr. Snyder, and Mr. Hardesty regarding the rates charged to the schools, and scheduling of school tournaments and tee times. Mr. Hardesty, Mr. Snyder, and Mr. Franz responded to Commissioner Vanier's question on what were the two largest expenses at the course. a w Mr. Snyder then responded to Commissioner Larson's question regarding employee discounts. ' Mayor Jilka requested that Mr. Schwartzman summarize his proposal again. Mayor Jilka felt that the golfers' complaints were not uniform. He continued to explain that he believed that use of a Golf Advisory Board is a good idea in theory, but felt that it would be difficult in practice. Items of this nature should be handled through the Parks and Recreation Advisory Board; however, he felt that there is a weakness on that board because there currently are no golfers serving on that board. Commissioner Perney felt that the structure gives too many pricing options. A discussion followed between the City Commissioners; Mr. Gage and Mr. Snyder regarding the timeline of implementing new rates, patron cards, green fees, decline volume of golfers, and the need for a special meeting prior to the end of year to address the rates. 07-7333 Moved by Commissioner Vanier, seconded by Commissioner Larson, to deny Resolution No. 07-6459 and direct staff to work with a select number of concerned citizens representing users of the Municipal Golf Course to bring back a more comprehensive fee by the end of the year. A discussion followed between Mayor Jilka and Mr. Gage regarding the forming of a committee. Mayor Jilka called the question. Aye: (5). Nay: (0). Motion carried. (8.4) Request for executive session (legal). 07-7334 Moved by Commissioner Vanier, seconded by Commissioner Larson, to recess into executive session for 15 minutes to discuss with legal counsel matters subject to the attorney-client privilege for the reason that public discussion of those matters would waive the privilege; and reconvene at 7:55 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:40 p.m. and reconvened at 8:13 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT 07-7335 Moved by Commissioner Vanier, seconded by Commissioner Peck, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 8:13 p.m. 'k Alan F. Jilkaiayor [SEAL] AK -TEST:. Lieu Ann Elsey, CMC, ity Clerk Page 6