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12-17-2007 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 17, 2007 4:00 p.m. The City Commission convened at 3:00 p.m. in a Study Session on Nuisance Code Updates. The 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. ' N There were present: Mayor Alan E. Jilka, Chairman presiding Commissioner Loci Larson Commissioner Aaron Peck 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 Elizabeth Crookham, 2813 Argonne Court, expressed the need to bring new stores into the community, a recycling program, sidewalks, and bike trails. Ms. Crookham also questioned why there were not underground utilities in the new developed areas. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on 2007 budget amendments. Mayor Jilka opened the public hearing. Rod Franz, Director of Finance and Administration, explained amendments to the General Funds, which included transfers to the Bicentennial Center and the Golf Course, and Tourism and Convention Fund. Mayor Jilka asked if the amendments could be voted on separately. Mr. Franz then responded to Mayor Jilka's question regarding use of the transient gas tax for the Bicentennial Center. Mayor Jilka expressed his opposition of the transfer of funds to the Golf Course, and felt that because it was an enterprise fund it should be supported by the golfers. There being no further comments, the public hearing was closed. 07-73361 Moved by Commissioner Vanier, seconded by Commissioner Perney, to approve the 2007 budget amendments for the Convention and Tourism and the Bicentennial Center. Aye: (5). Nay: (0). Motion carried. ' 07-7337II Moved by Commissioner Vanier to approve the budget amendments for the Golf Course. Motion died due to lack of a second. Mr. Franz explained the statutory requirements, and the potential outcome of the golf course operations if the budget amendment was not approved. A discussion followed between Commissioner Perney, Commissioner Larson, Mayor Jilka and Mr. Franz regarding the use of funds, the ability to return the funds to the general fund, and running a deficit. Page 1 Commission Action # 07-7338 Moved by Commissioner Larson, seconded by Commissioner Pemey, to authorize the transfer of funds to the Golf Course and put a mechanism in place to allow the transfer of surplus funds from the Golf Course to the General Fund in 2008. Aye: (5). Nay: (0). Motion carried. N CONSENT AGENDA w (6.1) Approve the minutes of December 10, 2007. (6.2) Resolution No. 07-6463 describing the corporate limits of the City of Salina. (6.3) Approve purchase of a programmable HVAC control system for the Municipal Court U building from C & C Group in the amount of $42,800. (6.4) Resolution No. 07-6466 authorizing a renewal agreement with Principal Financial Group for life insurance services. (6.5) Resolution No. 07-6470 authorizing the City Manager to sign Policy Endorsement No. 5 with Delta Dental of Kansas, Inc. (6.6) Resolution No. 07-6471 authorizing an agreement with Lowenthal, Singleton, Webb and Wilson for an audit of City records for the year ending December 31, 2007. A discussion followed between Mayor Jilka, Commissioner Larson, Director of Parks and Recreation Steven Snyder, and Facility Superintendent Byron Erickson regarding the warranty and existing problems with the current HVAC system. Mr. Erickson then responded to Commissioner Peck's question whether there were any local contractors that could provide the equipment. Jason Gage, City Manager, then responded to Commissioner Peck's additional questions regarding the warranty and whether any legal action had been taken. 07-7339 Moved by Commissioner Vanier, seconded by Commissioner Larson, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #PDD07-1, filed by Mark Kinderknecht, requesting a change in zoning district classification from I-2 (Light Industrial) to PDD (Planned Development District) to allow a warehouse building to be converted to mixed use live/work space on property addressed as 510 — 514 N. Santa Fe Avenue. (7.1a) First reading Ordinance No. 07-10429. Dean Andrew, Director of Planning and Community Development, explained the request, site plan, comprehensive plan, and the Planning Commission's recommendation and conditions of approval. Mr. Andrew then responded to Commissioner Larson's question regarding the live/work area. A discussion followed between Commissioner Penney and Mr. Andrew regarding whether it was permitted to live in the RVs at this location, relocation of the storage building, and easement encroachment. ' 07-7340 Moved by Commissioner Peck, seconded by Commissioner Penney, to pass Ordinance No. 07-10429 on first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 07-10426 providing 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. Page 2 Commission Action # Mayor Jilka noted that Ordinance No. 07-10426 was passed on first reading on December 10, 2007 and since that time no comments have been received. 07-7341 Moved by Commissioner Vanier, seconded by Commissioner Larson, to adopt Ordinance No. 07-10426 on second reading. A roll call vote was taken. Aye: (5) Larson, Peck, Perney, Vanier, Jilka. Nay: (0). Motion carried. w (8.2) Second reading Ordinance No. 07-10428 establishing a redevelopment district in the N Lambertz Addition. ' o Mayor Jilka noted that Ordinance No. 07-10428 was passed on first reading on December g 10, 2007. Sandra Watts, attorney representing Christian Albah with Classic Real Estate, spoke regarding the development and felt that it would be positive for the community and was compliant with the Strategic Economic Plan. Mike Hoppock, 914 Oak Lane, expressed his support of development and felt this would be a good test for the TIF financing. Mr. Hoppock also commented on the survey conducted by the Chamber of Commerce of businesses that citizens would like to see in Salina. Gary Swartzendruber, 528 S. College, expressed his opposition of the TIF financing and the use of public dollars. Mr. Swartzendruber also questioned what incentives would be given to existing retailers. Elizabeth Crookham, 2813 Argonne Court, expressed the need to have people stop in Salina to shop, and the importance of having a variety of businesses to attract people to come to Salina, and the expansion of the downtown. Jack Stewart, 679 S. 10`h, expressed his opposition of using tax dollars for corporate welfare and the use of the TIF financing. ' Samantha Angell, 880 Barlow Court, expressed her support of the development and the use of property taxes to pay off the bonds and interest. Barry Weis, 504 Sunset Drive, spoke of the recruitment of physicians to the community and how developments like this would help get qualified physicians to relocate to Salina. Jenny Warner, 100 Bradley Drive, expressed her support of the development. Sidney Schultz, 1218 E. Ellsworth, stated that he had nothing against Kohl's coming to Salina, but was not supportive of the use of tax dollars. Elizabeth Crookham, 2813 Argonne Court, expressed the need for new stores in Salina. 07-7342 Moved by Commissioner Vanier, seconded by Commissioner Larson, to adopt Ordinance No. 07-10428 on second reading. Commissioner Perney explained that he has studied the issue, polled many citizens, and most citizens were in support of the development; therefore, has decided to support the TIF financing. He would like to see a goal be set that a locally owned business be located in the new shopping area. Mayor Jilka commented on the comparison that was made at the last meeting regarding the comparison with revitalization rebates; he felt that it was not an accurate statement because the City of Salina has never used a sales tax incentive to fund economic development. Greg Bengtson, City Attorney, introduced Gina Riekhof, Gilmore & Bell, which serves as the City of Salina's bond counsel and that she was available for any questions. A roll call vote was taken. Aye: (4) Larson, Peck, Perney, Vanier. Nay: (1) Jilka. Motion carried. (8.3) Resolution No. 07-6464 finding the advisability and authorizing improvements in the Quail Meadows Estates Addition. Page 3 Commission Action # Karlton Place, City Engineer, explained the request, feasibility, and project funding. 07-7343 Moved by Commissioner Larson, seconded by Commissioner Perney, to adopt Resolution No. 07-6464. Aye: (5). Nay: (0). Motion carried. w (8.4) Acceptance of utility/drainage easements in the Quail Meadows Estates Addition. A Karlton Place, City Engineer, explained the dedication. 07-1344 Moved by Commissioner Perney, seconded by Commissioner Larson, to accept the utility/drainage easements in the Quail Meadows Estates Addition. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution No. 07-6467 amending Resolution No. 07-6450 providing for the advisability and authorizing improvements in the Eaglecrest Twinhomes Addition. Karlton Place, City Engineer, explained the amended petition, feasibility, and project funding. 07-73451 Moved by Commissioner Larson, seconded by Commissioner Perney, to adopt Resolution No. 07-6467. Aye: (5). Nay: (0). Motion carried. (8.6) Receive and review the 2006 audit report. Rod Franz, Director of Finance and Administration, summarized the audit. Tom Singleton, Lowenthal, Singleton, Webb and Wilson, explained that the City received a clean opinion and the aerial study that will be conducted in 2008. A discussion followed between Commissioner Vanier, Commissioner Perney, and Mr. Singleton regarding the recommendation letter and aerial study. 07-7346 Moved by Commissioner Peck, seconded by Commissioner Vanier, to accept the 2006 audit. Aye: (5). Nay: (0). Motion carried. (8.7) Resolution No. 07-6465 amending the City of Salina Personnel Manual. Natalie Fischer, Director of Human Resources, explained the amendments. 07-7347 Moved by Commissioner Larson, seconded by Commissioner Peck, to adopt Resolution No. 07-6465. Aye: (5). Nay: (0). Motion carried. (8.8) Resolution No. 07-6468 authorizing the Mayor to execute a Special Warranty Deed to the Salina Community Theatre and Maintenance and Operation Agreement. Greg Bengtson, City Attorney, explained the transfer of the title, conditions completed prior to the transfer, and the agreement. Commissioner Perney commented that the Theatre has provided great quality of life for the community. ' 07-7348 I Moved by Commissioner Perney, seconded by Commissioner Larson, to adopt Resolution No. 07-6468. Aye: (5). Nay: (0). Motion carried. (8.9) Recommendation of Golf Course Rates. Steve Snyder, Director of Parks and Recreation, explained that City staff had met with a group of golfers to discuss future golf course fees. Mr. Snyder continued to explain the proposed fees provided by the golfers and the proposed fees that staff is recommending. Page 4 Commission Action # Mr. Snyder then responded to Commissioner Larson's question regarding the senior discount, couples rate, and the expiration of play cards; he also responded to Commissioner Peck regarding the current fee of the patron card. A discussion followed between Mayor Jilka and Mr. Snyder regarding the cart storage fees and the grandfathering of the lower rates for people that are currently on the waiting list. a w Mr. Snyder responded to Commissioner Perney's question regarding the patron card and the individual adult card. ' A discussion followed between Mr. Snyder and the City Commissioners regarding the cart storage fee and the waiting list for the storage sheds. Jason Gage, City Manager, commented on the fund balance and the elimination of the deficit. A discussion followed between Commissioner Larson, Mayor Jilka, Mr. Snyder, and Mr. Gage regarding the creation of an advisory golf board. Additional discussion followed between Commissioner Perney, Mr. Gage, Commissioner Perney and Mike Hargrave, Assistant Golf Pro, regarding closing the golf course for the winter season. Mike Warranty, 910 Russell Avenue, explained that the he did not agree with the patron card fee that was proposed by the City; he felt that the fees proposed by the golfers were more reasonable. Mr. Warranty then responded to Commissioner Peck's questions regarding the patron card fee and fee per round. Jason Gage, City Manager, commented on the cost of an annual membership to the Elks. John Schwartzman, 2321 River Trail, commented on the budget short fall, expenditures, and the cost of the patron cards. Mayor Jilka requested a five minute recess at 6:03 p.m. and the City Commission reconvened at 6:09 p.m. Jason Gage, City Manager, and Mr. Snyder responded to Mr. Schwartzman's question regarding the declining fund balance and expenditures. Joe Hay, 109 Baker Street, expressed concerns that if fees were raised, the number of golfers would decrease. Bob Schulz, 2080 Roach, expressed concerns of loss of revenues due to increase in fees. John Reh, 2267 Leland Way, suggested allowing customers to make quarterly payments of $250 on patron cards and keep the round fee and annual trail fee. Mike Warranty, 910 Russell, noted the importance of making the golf course self- sufficient. Mr. Warranty responded to Commissioner Vanier's question on the number of rounds Mr. Warranty plays per year. Dennis Tingin, 1413 Louise Lane, expressed concerns that the increased fees would reduce the number of golfers. John Schwartzman, 2321 River Trail, commented on the golf course budget and expenditures. Commissioner Perney noted the golfers have the opportunity to get as many rounds they want to play for the amount they have to pay. He felt that the city's proposal was a reasonable plan. 07-7349 Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Resolution No. 07-6469 Page 5 Commission Action # N a w N U 07-7350 Mayor Jilka felt that the course should be subsidized by those who play. Mayor Jilka called the question. Aye: (4). Nay: (1) Larson. Motion carried. None. OTHER BUSINESS ADJOURNMENT 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 6:25 p.m. [SEAL] qATTEST:`�• , ��iLt/ l l Lieu Ann Elsey, CM itty Clerk Page 6