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06-19-2000 MinutesCommission Action # 00-2533 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 19, 2000 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss the Pre -Budget Finance Report. and reconvened after the regular meeting to tour the Water Plant. 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 CITIZEN FORUM (3.1) Commissioner Mathews, speaking as a citizen, congratulated the Mayor on his role in the local Community Theater production and recommended that citizens see the play. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition 4204 requesting vacation of utility easements located on Lots 17 and 18, Block 5, Country Oak Estates Subdivision. The public hearing was opened. Shawn O'Leary, Director of Engineering and General Services, explained the request for the vacation of the east -west twenty (20) foot utility easement between Lots 17 and 18, Block 5, Country Oak Estates Subdivision and the north -south twenty (20) foot utility easement located on Lot 17, Block 5, Country Oak Estates Subdivision. The property, located at the southwest corner of Schilling Road and Marcella Drive, was recently rezoned to allow construction of a motel. The franchise utility companies require formal agreements to relocate these lines prior to the vacation. As part of the agreements the applicant will be responsible for any costs related to the relocation of these lines. In closing, Mr. O'Leary stated staff s recommendation to continue the public hearing until June 26, 2000. There being no further comments, the hearing was closed. Moved by Commissioner Seaton, seconded by Commissioner Heath, to continue the public hearing until June 26, 2000. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of June 12, 2000. Commission Action # co�saaaeieasei��a 00-2534 00-2535 00-2536 00-2537 00-2538 Moved by Commissioner Seaton, seconded by Commissioner Heath, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application P00 -4/4A, filed by the Salina Airport Authority, requesting approval of a replat of Lots 9 and 10, Block 15 in Schilling Subdivision No. 5, vacating the existing north -south utility easement and accepting the new easement dedications. Roy Dudark, Director of Planning and Community Development, explained the request for the replat to achieve a lot layout that is more conducive to their tenant's development plans and to dedicate new utility and drainage easements. The Planning Commission's recommendation is to vacate the existing north -south utility easement and accept the new easement dedications. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to authorize the Mayor to approve the replat. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) A) Authorize application of Capital Improvements cash toward the City -At -Large share of improvement projects; and B) First Reading Ordinance Number 00-9986 authorizing the issuance and delivery of $3,890,000 principal amount of General Obligation Internal Improvement Bonds, Series 2000-A. Rodney Franz, Director of Finance and Administration, explained the need to refinance a number of construction projects and the benefit of cash financing to reduce the City's future obligation to debt service. The projects to be paid by cash are: Presbyterian Manor Improvements, Cedar Creek Subdivision Improvements, Marcella and Virginia Signalization Improvements, Waterwell Road Improvements, Riffel Subdivision Improvements and the new Animal Shelter Construction ($999,878.98). He also stated that the at -large share of the sidewalk projects has already been paid out of the Gas Tax Fund and that all of the amounts are within the budgeted authority and ability of the various funds to pay. Mr. Franz then explained that the 2000-A bond issue will establish long-term financing for a number of construction projects. The at -large portion of the issue will be approximately $2,157,000 (for Centennial Road), with $1,733,000 being special assessed. Moved by Commissioner Seaton, seconded by Commissioner Mathews, to authorize cash payment of the at -large portion of the costs of the designated projects. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Mathews, seconded by Commissioner Seaton, to approve Ordinance Number 00-9986 for first reading. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution Number 00-5616 authorizing the public sale of approximately $800,000 principal amount of General Obligation Temporary Notes, Series 2000-3 and approximately $3,890,000 of General Obligation Internal Improvement Bonds, Series 2000-A of the City of Salina. Rodney Franz, Director of Finance and Administration, explained that the resolution authorizes the public sale of approximately $800,000 principal amount of General Obligation Temporary Notes, Series 2000-3 and approximately $3,890,000 of General Obligation Internal Improvement Bonds, Series 2000-A. Moved by Commissioner Heath, seconded by Commissioner Seaton, to adopt Resolution Number 00-5616. Aye: (5). Nay: (0). Motion carried. (8.3) Adopt recommendations of advisory board regarding use of FY99 Local Law Enforcement Block Grant funds and authorize staff to set a bid date for 2 police patrol vehicles. Commission Action # Consoliaaleb5alina 00-253 James Hill, Police Chief, explained the recommendations of the advisory board. Due to the uncertainty of continued funding under the LLEBG program, the designation of the procurement of equipment, rather than funding an ongoing program, is the primary purpose for FY99 grant fund expenditures. The recommendation was made to purchase two (2) police patrol vehicles to be used by the two (2) new, federally funded School Resource Officers. Moved by Commissioner Seaton, seconded by Commissioner Shadwick, to adopt the recommendations of the advisory board and authorize staff to set the date for receiving bids for the vehicles recommended. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution Number 00-5610 expressing the City's intent to provide a capital grant for restoration and re -use of the historic Fox Theater in downtown Salina. Dennis Kissinger, City Manager, explained the history and the request for $750,000 in capital grants to assist in making the $2.85 million project a reality. This resolution of intent is the method of determining the decision on this grant request. He explained the two (2) conditions for funding as: a) the Fox Foundation must raise $2,100,000 from other sources before any City grant funding is implemented; and b) upon opening of the theater, the Fox Foundation will grant to the City four (4) dates per year without charge for arts, cultural or charitable events. He explained that at the point the foundation certifies it has raised $2,100,000 from other sources, the City will provide $375,000 during that fiscal year, and an additional $375,000 at the City's next fiscal year. He then reviewed the staff analysis, City policy and past practices and that it is not believed the completion of the Fox Theater is in conflict with the City's Bicentennial Center or other venues of the community. A discussion followed regarding property taxes and the impact on the budget. Commissioner Seaton spoke in support of the resolution. Mayor Jilka noted the members of the Fox Theater Foundation were present. A woman read a statement of support from Governor Graves. Dennis Kissinger, City Manager, noted that the current resolution does not have an expiration date as it is and that it can be amended to include one. Marilyn Green, 2608 Colonial, spoke regarding school and theater cooperation. Gerald Martin, 2113 Applewood, spoke regarding cultural environment enhancement. Ron Cramer, 427 W. Ellsworth, Vice President of the Salina Symphony, spoke in support of the resolution. Ken Jennison, 2565 Highland, spoke of the historical use of the Fox Theater for children. He commented that when the Bicentennial Center was built it was seen as a white elephant and asked what would we have now without it? He also spoke of the inappropriateness of the Bicentennial Center for theatrical productions. Randy Duncan, 11599 W. Crawford, a member of a men's barbershop chorus, informed the Commission that each year they try to find a location for their performances and that they look forward to the use of the Fox Theater. In closing, he urged passage of the resolution. Al Mattson, 444 Baker Street, spoke regarding a tourist brochure for the Fox Theater to increase tourism. Commission Shadwick shared his thoughts on this partnership issue, the arts, economic benefits, and of communities coming together to make life better. Commissioner Mathews spoke in support of the proposed action. Mr. Kissinger asked that the City Attorney read an amendment to the resolution. Commission Action # co�souaaiea sauna 00-25 — 00-2541 00-25421 00-2543 00-25441 Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Resolution Number 00-5610 expressing the intent of the City to provide a $750,000 capital grant for restoration and re -use of the Fox Theater and establishing conditions for the grant. At Mr. Kissinger's request, and with the Mayor's approval, Greg Bengtson, City Attorney, read an amendment to Section 3 that added: "and shall expire at 5:00 p.m., December 31, 2001." Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt the amendment made by the City Attorney. Aye: (5). Nay: (0). Motion carried. Mayor Jilka called for action to the motion on the floor. Aye: (5). Nay: (0). Motion carried. (8.5) Approval of Change Order No. 1 for the South Ninth Street Utility Extensions, Project No. 99-1183. Shawn O'Leary, Director of Engineering and General Services, explained the project and this change order that addresses the following items: addition of one manhole and relocation of an existing storm sewer pipeline related to realignment of the fifteen (15) inch sanitary sewer due to a drainage structure conflict, an underestimate of curb and gutter replacement at Riffel Drive and a change in manhole types. This change resulted in a 3.35 percent increase over the original contract amount. Moved by Commissioner Mathews, seconded by Commissioner Seaton, to approve Change Order Number 1 for the South Ninth Street Utility Extensions, Project Number 99-1183, in the amount of $18,056.00. Aye: (5). Nay: (0). Motion carried. (8.6) Request for Executive Session – east real estate discussion. Mayor Jilka confirmed with Dennis Kissinger, City Manager, that no action is expected to follow the Executive Session. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, that the City Commission recess into Executive Session for fifteen (15) minutes for the purpose of conducting preliminary discussions relating to the acquisition of real estate for the reason that public discussion would adversely impact the interests of the City in the matter; and reconvene in this room at 5:10 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into Executive Session at 4:55 p.m. and reconvened at 5:10 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Heath, seconded by Commissioner Mathews, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:10 p.m. [SEAL] ATTEST: 1 Penny Day", ing Deputy Ci Clerk g,7 r, Alan E. Jilka, M or 4-1