05-14-2001 MinutesCommission
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conmi�aaieasaima
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 14, 2001
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session to discuss the Fifth Street Closure
Update, Communication Towers Briefing, Preliminary Census Report, and Boards and Commissions.
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 Kristin M. Seaton, Chairman presiding
Commissioner Larry L. Mathews
Commissioner Deborah P. Divine
Commissioner Alan E. Jilka
Commissioner Monte D. Shadwick
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Lieu Ann Nicola, City Clerk
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The week of May 13' through the 19"', 2001 as "Police Week" in the City of Salina.
Chaplain Christy Peterson, with the Salina Police Department, read the proclamation.
(4.2) The week of May 20t" through the 26, 2001 as "Emergency Medical Services Week" in
the City of Salina. Paramedic Jeff Rittel, with the Salina Fire Department, read the proclamation.
(4.3) The month of June 2001 as "Salina Community Theatre Month" in the City of Salina.
Michael Spicer, Managing Artistic Director with the Salina Community Theatre, read the
proclamation.
(4.4) Presentation of plaques of appreciation to outgoing Citizen Board Members.
Those present were: Eleanor Seaton, Art and Humanities Commission; Les Durst,
Accessibility Advisory Board; Raymond L. Stauffer, Building Codes Advisory & Appeals Board; and
Albert L. Nelson, Heritage Commission.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing of Ordinance No. 01-10030 levying special assessments for improvements
within the city of Salina.
Shawn O'Leary, Director of Engineering and General Services, explained that the special
assessment ordinance was for street, drainage and utility improvements constructed in 1999, 2000,
and 2001. He informed the Commission that the public hearing is intended to receive input from
interested parties and property owners within the special assessment benefit districts. Mr. O'Leary
also explained other key days in the process.
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01-28741
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01-2876
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The public hearing was opened, there being no comments, the hearing closed.
(5.1a) First reading Ordinance No. 01-10030.
Dennis Kissinger, City Manager, clarified the State of Kansas highway right-of-way tract
of land.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve
Ordinance No. 01-10030 on first reading. Aye: (5). Nay: (0). Motion carried
(5.1b) Declare an emergency exists for second reading on the same day.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to declare an
emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried.
(5.1c) Second reading Ordinance No. 01-10030.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance
No. 01-10030 on second reading. A roll call vote was taken. Aye: (5), Shadwick, Jilka, Divine,
Mathews, Seaton. Nay: (0). Motion carried
CONSENT AGENDA
(6.1) Approve the minutes of April 23, 2001
(6.2) Resolution No. 01-5710 authorizing a contract with Air Cleaning Technologies, Inc. for
the installation of a truck exhaust removal system in Fire Station No. 3, in the amount of $37,207.
(6.3) Resolution No. 01-5714 repealing Resolution No. 01-5708, which authorized the Mayor
to enter into a contract with Sprint for T-1 Internet access services.
(6.4) Declare Lot 2 Block 1 in the Pheasant Ridge Addition as surplus City property and utilize
Option 3 by marketing the property ourselves utilizing a "for sale" sign, a real estate advertisement,
and contacting interest parties directly.
(6.5) Approve request from Emergency Aid/Food Bank for a six month time extension to
complete construction and close out project.
Mayor Seaton clarified that the reasoning for repealing Resolution No. 01-5708 is so that
City Staff could obtain competitive price proposals.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
None
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Resolution No. 01-5715 authorizing an engagement letter agreement with Gilmore &
Bell as Bond Counsel for the Ovation Cabinetry Industrial Revenue Bond Project.
Greg Bengtson, City Attorney, explained that the City Commission adopted Resolution
No. 00-5663 expressing the intent to issue industrial revenue bonds in the amount of $1.3 million for
the purpose of financing the acquisition, construction, and equipping of a manufacturing facility to
be leased to Ovation Cabinetry, Inc. The amount of the bond to finance the project was later
determined to be $1.5 million. The City Commission conducted a public hearing as required under
federal and state law regarding the proposed issuance of industrial revenue bonds and related property
tax abatement.
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01-28
01-28'
01-2881
01-2882
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Mr. Bengtson also explained that Gilmore & Bell will be serving as bond counsel for this
project and fees are payable from the bond proceeds as part of the cost of issuance.
Moved by Commissioner Divine, seconded by Commissioner Mathews, to approve
Resolution No. 01-5715 authorizing the Mayor to execute the engagement letter agreement with
Gilmore & Bell. Aye: (5). Nay: (0). Motion carried.
(8.1a) First reading of Ordinance No. 01-10031 authorizing the issuance of industrial
revenue bonds.
Moved by Commissioner Mathews, seconded by Commissioner Divine, to approve
Ordinance No. 01-10031 authorizing the City of Salina, Kansas to issue the industrial revenue bonds.
Aye: (5). Nay: (0). Motion carried.
(8. lb) Declare an emergency exists for second reading the same day.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to declare an
emergency exists for second reading the same day. Aye: (5). Nay: (0). Motion carried.
(8.1c) Second reading of Ordinance No. 01-10031.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance
No. 01-10031 on second reading. A roll call was taken. Aye: (5), Divine, Jilka, Mathews, Shadwick,
Seaton. Nay: (0). Motion carried.
(8.2) Establish a moratorium on the construction of new communication towers and the
development of property for such new use within the city limits.
Greg Bengtson, City Attorney, explained that Ordinance No. 01-10020 was adopted
establishing a 90 day moratorium on the construction of new communication towers and on the
development of property for new towers within the City. The moratorium was to provide time for the
review and possible amendment of land use regulations. The Planning Commission will consider a
proposed ordinance revising standards and requirements for the installation of towers at their May 15,
2001 meeting. The initial moratorium has expired and propose the second moratorium will run
through June 8, 2001.
(8.2a) First reading Ordinance No. 01-10032 establishing a second moratorium through
June 8, 2001.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to approve Ordinance
No. 01-10032 establishing a moratorium on the construction of new communication towers and on
the development of property for such new towers within the city limits. Aye: (5). Nay: (0). Motion
carried.
(8.2b) Declare an emergency exists for second reading on the same day.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to declare an
emergency exists for second reading on the same day. Aye: (5). Nay: (0). Motion carried.
(8.2c) Second reading Ordinance No. 01-10032.
Moved by Commissioner Mathews, seconded by Commissioner Divine, to adopt
Ordinance No. 01-10032 on second reading. A roll call was taken. Aye: (5), Divine, Jilka, Mathews,
Shadwick, Seaton. Nay: (0). Motion carried.
(8.3) Resolution No. 01-5711 authorizing a contract with Intrust for processing of credit card
payments.
Rodney Franz, Director of Finance and Administration, explained that the City is
currently accepting credit cards for payment at the Bicentennial Center, Golf Course Pro -Shop, and
the Recreation Department. There have been requests by customers at a number of locations to accept
Commission
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01-2885
01-2887
credit/debit cards. The City requested proposals for credit card services from four vendors with
services to be provided at the existing locations and the Landfill, Building Services, Finance/City
Clerk, Water Customer Accounting, and Municipal Court.
Mayor Seaton questioned which vendor is the City currently using.
Mr. Franz answered that the City is currently using EFS and Cardx.
Dennis Kissinger, City Manager explained that the City would be more efficient if one
vendor could be used and that customer service and convenience of accepting credit cards would need
to justify the cost of $1.65 per transaction.
Commissioner Mathews questioned the Options presented.
Mr. Kissinger explained that Option 2 would only award a contract for the current
locations; Option 1 would award a contract for all locations; Option 3 would select among the
locations.
Commissioner Divine questioned if there would be any potential problems.
Mr. Franz explained the contract to be a month to month contract.
Mr. Kissinger explained the cost to the customer would be same.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to authorize a
contract with Intrust for processing credit cards payments using Option 1. Aye: (5). Nay: (0).
Motion carried.
Commissioner Jilka stated that he did not like the idea of citizens paying their water bills
on credit cards, but is willing to try to program hoping the use is minimal.
(8.4) Resolution No. 01-5712 authorizing an agreement with Official Payment Corporation for
handling Internet payments within the Water Customer Accounting Division.
Rodney Franz, Director of Finance and Administration, explained the Water Customer
Accounting Division has received numerous requests to provide for payment of water bills via the
Internet. To be able to do so it would require secure connections and other site considerations. There
are companies which provide the service for a fee which is paid by the consumer utilizing the service.
Official Payment Corporation (OPC) will place a link to their website on the City of Salina homepage.
When the customer selects the link and places in the necessary information through the secure website,
the City of Salina bank will receive the funds the day following the transaction, and the City of Salina
also receives the information necessary to credit the customers' account the day after the transaction.
The agreement with OPC will be month to month with a cancellation clause providing for 30 -day
notice.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to authorize the
agreement with Official Payment Corporation for handling Internet payments within the Water
Customer Account Division. Aye: (5). Nay: (0). Motion carried.
(8.5) Award of contract for the Wyatt Water Tower Maintenance, Project No. 01-1269, to
Utility Service Company in the amount of $63,480.
Don Hoff, Director of Utilities, explained the Wyatt Tower was inspected in November
2000 and considerable peeling was observed on the interior surfaces. Bids were received from four
vendors on May 1, 2001 with Utility Service Company being the lowest.
Moved by Commissioner Jilka, seconded by Commissioner Mathews, to award the
contract for the Wyatt Water Tower Maintenance, Project No. 01-1269, to Utility Service Company
in the amount of $63,480. Aye: (5). Nay: (0). Motion carried.
(8.6) Award of contract for Water Plant Improvements, Project No. 00-1244, to Walters -
Morgan Construction, Inc. in the amount of $4,198,000.
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01-2890
01-2891
Don Hoff, Director of Utilities, explained the project and four bids that were received on
April 3, 2001. It was estimated that the fees for construction phase engineering services will be
approximately $290,000. Also the construction cost, engineering fees and other items such as pre -
ordered pump equipment and miscellaneous contingency items are anticipated to result in a total
project cost of $5,233,000.
Mr. Hoff also explained that it is anticipated another phase of the Water Treatment Plant
Improvements will be budgeted in 2003 to upgrade the existing process controls and to add several
new system controls, which would complete the total expansion/rehabilitation project at the facility.
Moved by Commissioner Divine, seconded by Commissioner Mathews, to award the
contract for Water Plant Improvements, Project No. 00-1244 to Walters -Morgan Construction, Inc.
in the amount of $4,198,00. Aye: (5). Nay: (0). Motion carried.
(8.7) Consideration of Carver Pool operations and closure options.
Steve Snyder, Parks and Recreation Director, explained that the Parks and Recreation
Advisory Board was asked to make a recommendation on the future of the Carver Pool. On May 9"'
a special meeting was held and the board was presented three options to consider. Option 1 was to
close the Carver Pool and not open it for the 2001 season. This option would provide approximately
$25,000 in cost savings this year and use the funds saved for planning for neighborhood splash/spray
grounds. Option 2 was to open the Carver Pool for the 2001 season and spend $1,400 needed in
immediate repairs and incur the $24,000 operating costs, then close the pool in 2002. Option 3 was
to continue to operate Carver pool for an indefinite time, and make needed improvements over a five-
year period totaling approximately $50,000.
Mr. Snyder also explained that the Parks and Recreation Advisory Board favored Option
1, but stressed the need to provide additional free swim opportunities for all youth and additional
marketing of the free ticket program. The board recommended utilizing the $25,000 savings this year
towards planning for neighborhood spray grounds.
Commissioner Divine stated that some citizens expressed their concerns on the closing
of Carver pool. Some concerns were children who are currently walking to the facility would need
to be able to have a means of getting to another facility.
Mayor Seaton stated that the Parks and Recreation Board spent 90 minutes considering
their options.
Commissioner Divine proposed an amendment to Option 1 to instruct City staff to expand
the free swim opportunities and additional marketing of the free ticket program.
Moved by Commissioner Divine, seconded by Commissioner Mathews, to amend Option
1 to instruct City staff to expand the free swim opportunities and additional marketing of the free
ticket program. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to utilize Option
the closure of the Carver Pool. Aye: (5). Nay: (0). Motion carried.
(8.8) Resolution No. 01-5713 appointing Leighton LaPierre to the Parks and Recreation
Advisory Board; Lindsey Shirack to the Arts and Humanities Commission; and Russ Babb and Mark
Henson to the Planning Commission.
Mayor Seaton explained the appointments.
Moved by Commissioner Divine, seconded by Commissioner Mathews, to appoint
Leighton LaPierre, Parks and Recreation Advisory Board; Lindsey Shirack, Arts and Humanities
Commission; and Russ Babb and Mark Henson to the Planning Commission. Aye: (5). Nay: (0).
Motion carried.
(8.9) City Commissioner assignments to Citizen Boards and Commissions.
Commission
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01-289
O1-2893
Mayor Seaton acknowledged membership to the Chamber of Commerce Board, Library
Board and Board of Health. She also appointed Commissioner Mathews to the Board of Health,
Commissioner Shadwick to the Building Authority, Commissioner Jilka to the Housing Authority,
and Commissioner Divine to serve as a liaison to the Airport Authority.
The City Commission recessed into executive session at 5:03 and reconvened at 5:23.
Moved by Commissioner Shadwick, seconded by Commissioner Jilka, that the City
Commission recess into executive session for twenty (20) minutes to discuss with the City Attorney
a matter subject to the attorney-client privilege for the reason that public discussion of the matter
would waive that privilege and adversely affect the City's interests in the matter. Aye: (5). Nay: (0).
Motion carried.
Moved by Commissioner Mathews, seconded by Commissioner Jilka, that the City
Commission reconvene into the current executive session for ten (10) additional minutes. Aye: (5).
Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:03 p.m. and reconvened at
5:33 p.m. No action was taken.
None
OTHER BUSINESS
ADJOURNMENT
01-2894 Moved by Commissioner Shadwick, 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 5:35 p.m.
tin M. Seaton, or
[SEAL]
ATTEST:
i
Lieu Ann Nicola, City Clerk