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07-24-2000 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS July 24, 2000 4:00 p.m. The City Commission convened at 2:00 p.m. in a Study Session to discuss the North Ohio Railroad Overpass Application and Budget Study Session No. 3. 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 Alan E. Jilka, Chairman presiding Commissioner Kristin M. Seaton Commissioner Don Heath Commissioner Larry L. Mathews Commissioner Monte Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Barbara R. Weber, Acting City Clerk None None CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The day of July 29, 2000 as "Pro -Kansas Shrine Bowl Day" in the City of Salina. The proclamation was signed and forwarded to Richard Newman, Potentate, Isis Temple. (4.2) The week of July 23' through July 29", 2000 as "Americans with Disabilities Awareness Week" in the City of Salina. The proclamation was read by Phyllis Anderson, member of the Accessibility Advisory Board. Following the reading, photographs were taken of several members of the Accessibility Advisory Board with Mayor Jilka. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition Number 4206, filed by Lonnie Wilson on behalf of LOR Enterprises, L.L.C., requesting the vacation of a 25 -foot east -west alley on Lot 34, Block 10 of the Calkins Addition. (5.1a) First reading Ordinance Number 00-9990. The public hearing was opened. Shawn O'Leary, Director of Engineering and General Services, explained the request and recommended approval. There being no further comments, the hearing was closed. 00-2581II Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve Ordinance Number 00-9990 for first reading. Aye: (5). Nay: (0). Motion carried. (5.2) Public hearing and report on Petition Number 4207, filed by Joe Frank on behalf of Jumpin' Joe's, L.L.C., requesting the vacation of a portion of the north -south utility easement located on Lot 4, Block 1, Frank Industrial Area Addition. Commission Action # aoreouaaieo-s�rm 1110A 00-25831 (5.2a) First reading Ordinance Number 00-9991. The public hearing was opened. Shawn O'Leary, Director of Engineering and General Services, explained the request to correct an inadvertent building encroachment. He stated that there is a new utility easement dedication for the relocated water line and recommended approval. There being no further comments, the hearing was closed. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to approve Ordinance Number 00-9991 for first reading. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of July 17, 2000. (6.2) Approve the Notice of Hearing for the 2001 Budget and set August 14, 2000, 4:00 p.m. as the date and time for the public hearing. Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Resolution Number 00-5624 authorizing an application to the Kansas Department of Transportation for a project under the Local Partnership Railroad Grade Separation Program for the North Ohio Street Railroad Overpass Project Number 00-1248. Shawn O'Leary, Director of Engineering and General Services, noted the June 5, 2000 engineering services contract with Wilson and Company for a Concept Plan. He noted that the 13 to 14 trains per day that pass through the City are expected to increase to 18 to 19 trains per day on North Ohio Street in the future. He then explained the grant application process and noted that the realignment of streets will include storm drainage improvements. Ron Chandler, Wilson and Company, explained their study of 10 alternatives and the goal to minimize cost and impact on adjacent properties. He noted consensus with staff that the western realignment of Ohio Street is best. He explained the restructuring and relocation of the railroad switching area east of Ohio to an area just west of the Wastewater Treatment Plant and removal of 2 rail lines and 8 crossings. He stated that this switching yard relocation would eliminate the current switching traffic that impedes the City's east -west traffic from Ohio to Crawford. Troy Eisenbraun, Wilson and Company, stated that 3,000 feet of North Ohio Street would need to be reconstructed. While explaining the details of the project he stated that 4,000 feet of Pacific Avenue will also have to be reconstructed and detailed the need for replacement roads for local businesses. He stated that this project includes storm sewer system improvements to include a storm water detention area and the need to acquire properties on the west side of the project. He also stated that the majority of construction could be completed without impacting traffic on North Ohio Street. Mr. O'Leary responded to Commission inquiry stating that the earliest construction would be in 2004. The inflation factor of 2.4% was provided by KDOT and that staff used conservative numbers. Lynn Danielson, 527 Seitz Drive, a Union Pacific Locomotive Engineer, stated that he attended the earlier Study Session on this topic and stated his concern has been the increased cost to taxpayers in Salina. He stated that more trains have been projected for years but not all have Commission Action # 00-25 00-2585 11110MM happened. The speed limit for the Union Pacific railroad has increased from 10 to 20 mph in this area, which will decrease traffic delays. He explained other changes the Union Pacific railroad has recently made, clarified that he was not speaking as a Union Pacific representative, and pointed out that changes to the switching yard and spur tracks can be made without constructing the viaduct. Mark Ritter, 2125 Village Lane, stated he was in the benefit district and asked what this project will do to property taxes. He noted that taxes have increased 20% to 30% in the last few years and commented that he supports the project. Dennis Kissinger, City Manager, clarified that there is no benefit district as this project has citywide benefits. He noted that General Obligation bonds will be used for funds and stated that there will be no special assessments for street improvements for this project. Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt Resolution Number 00-5624. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution Number 00-5628 authorizing a property purchase on North Fifth Street from Ideal Builders. Dennis Kissinger, City Manager, explained the vacant property location and the 1980 Downtown Redevelopment Project utility encroachment. He stated that it would cost $20,000 to $30,000 to relocate the utilities. The recommendation is to purchase the property for $50,000. Future use of the property, which could be sold or retained, in whole or in part, would require an approved redevelopment plan. In closing, he stated this is the best of an awkward situation. Moved by Commissioner Shadwick, seconded by Commissioner Mathews, to adopt Resolution Number 00-5628. Aye: (5). Nay: (0). Motion carried. (8.3) Award of contract for the 2000 Street and Utility Improvements, Project No. 00-1240. Shawn O'Leary, Director of Engineering and General Services, explained the project which includes water system and paving and drainage upgrades on Baker Street between South Street and Walnut Street, and water system improvements at the Cottonwood Elementary School (formerly Whittier School). He detailed the bids received July 18, 2000, and referred to the agreement with USD 305 for cost share. Don Hoff, Director of Utilities, responded to Commission inquiry regarding the cost share determination. Mr. O'Leary responded to the Commission's Baker Street inquiry stating that it will be slightly wider within the existing right-of-way. Dennis Kissinger, City Manager, explained the removal and reuse of the street bricks. Moved by Commissioner Mathews, seconded by Commissioner Seaton, to award the contract for the 2000 Street and Utility Improvements, Project No. 00-1240, to Smoky Hill, L.L.C. in the amount of $290,578.00. Aye: (5). Nay: (0). Motion carried. (8.4) Amendments to Bond documentation, correcting minor typographical errors. (8.4a) Resolution Number 00-5623 amending the Golden Eagle benefit district. (8.4b) Ordinance Number 00-9977 levying special assessments. Rodney Franz, Director of Finance and Administration, explained that the ordaining clause and a reference to Lots 15 and 16, Block 5, Country Oak Estates were inadvertently omitted from Ordinance Number 00-9977 of the City which was passed by the governing body on May 15, 2000. Mr. Franz reported that copies of the corrected Ordinance Number 00-9977 had been made available to the governing body prior to the meeting. The matter of correcting and approving Ordinance Number 00-9977 nunc pro tunc then came before the governing body for consideration. Commission Action # consoimeieasaa�a 00-2587II Moved by Commissioner Seaton, seconded by Commissioner Heath, to adopt Resolution Number 00-5623. Aye: (5). Nay: (0). Motion carried. 00-258 00-25 00-25 Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the corrected Ordinance Number 00-9977 nunc pro tune, such corrected Ordinance to have effect as originally passed by the governing body on May 15, 2000, and to direct the Acting City Clerk to republish the Ordinance in the official newspaper of the City. A roll call vote was taken. Aye: (5) Mathews, Shadwick, Seaton, Heath, Jilka. Nay: (0). Thereupon, the Mayor declared said motion duly passed. OTHER BUSINESS (9.1) Dennis Kissinger, City Manager, spoke regarding the Health Department budget and the possibility of reducing the amount of grant funds to be requested from the City and County. He recommended and requested authorization to put the full amount in the budget and review at the end of the year. In closing, he stated he will put the full amount in the budget. (8.5) Request for executive session to discuss a legal matter. Moved by Commissioner Heath, seconded by Commissioner Seaton, that the City Commission recess into executive session for fifteen (15) 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; and reconvene in this room at 5:15 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:00 p.m. and reconvened at 5:15 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Shadwick, seconded by Commissioner Heath, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:15 p.m. [SEAL] ATTEST: Lon , CMC, City C erk C- * Alan E. Jilk ayor