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01-24-2000 MinutesCommission Action # �o.�oda�sa.a 00-23491 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS January 24, 2000 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session to discuss Engineering Department Project Reports, a C.I.P. Report, a Preliminary 1999 Finance Report and an Open Citizens' Forum. 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 Monte Shadwick, Chairman presiding Commissioner Alan E. Jilka Commissioner Don Heath Commissioner Larry L. Mathews Commissioner Kristin M. Seaton 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 week of January 30 through February 4, 2000 as Catholic Schools Week in the City of Salina. The proclamation was read by Janet Pahls, Development Director at Sacred Heart Junior Senior High School. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing and report on Petition No. 4194, filed by Salina Concrete requesting the vacation of the 14 -foot wide east/west alley in Surveyor's Plat No. 31. (5.1 a) First reading Ordinance Number 00-9968. Shawn O'Leary, Director of Engineering and General Services, explained the petition and the history of the area. The public hearing opened, there being no comments, the hearing closed. Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve Ordinance Number 00-9968 for first reading. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of January 10, 2000. (6.2) Approve staff recommendation to sell the surplus 1973 American Pumper fire engine to Saline County Rural Fire District #3 for the amount of $10,500.00, contingent on county commission approval. Commission Action # C.Wda'edSlll 00-23 00-2351 00-23 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) First reading Ordinance Number 00-9967 exempting Power Ad Company, Inc. from Ad Valorem Taxation and providing for in lieu of tax payments. Roy Dudark, Director of Planning and Community Development, explained prior Commission action, the location of Power Ad Company, the ad valorem tax process and the lease. He then discussed the use and process of ad valorem tax exemptions with the Commission. Dennis Kissinger, City Manager, clarified the percent of exemption noting that the City's plan is performance driven. He explained the City's policy is based on job creation and capital investment to determine the amount of an exemption. Moved by Commissioner Jilka, seconded by Commissioner Heath, to approve Ordinance Number 00-9967 for first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 00-9966 vacating the Beechwood Road right-of-way between Crawford Street and Pheasant Lane. The Mayor reviewed the ordinance and called for action. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to adopt Ordinance Number 00-9966 on second reading. A roll call vote was taken. Aye: (5), Heath, Mathews, Seaton, Jilka, Shadwick. Nay: (0). Motion carried. (8.2) Approve the South Ohio Corridor Improvements, Project No. 98-1138, establish a special assessment district for a portion of the project, and authorize staff to establish the bid date for the proj ect. (8.2a) Resolution Number 00-5559 finding as to the advisability and authorizing the improvements. Shawn O'Leary, Director of Engineering and General Services, detailed the project and the public meetings that have been held over the past eighteen months. He noted that the special assessments would only be for the neighborhood improvement portion of the project and explained the distribution of costs for the project. He stated that in June 2001, the property owners will have a chance to pay the assessment and that the award of contract is scheduled for February 28, 2000. Dennis Kissinger, City Manager, clarified that there are two projects here. The first is a 4.5 million dollar city at -large major improvement project that benefits the entire area. He noted that the project could stop there with great improvement to the neighborhood involved. The second project is a neighborhood enhancement project where the only great benefit will be to the property owners. The neighborhood improvement will be to increase the size of the storm sewers from eighteen (18) inches to thirty-six (36) inches. He noted that this is the least expensive time to make these neighborhood improvements. He then explained the City's policy of participation in making improvements using the partnership approach. He spoke of the advantages of the neighborhood enhancement and explained the benefits to all in the proposed benefit district with improved property values. Mr. O'Leary shared concerns he had heard this week and the work done by staff. He then asked for approval of the resolution and authorization for the project to move forward to a bid letting. Mr. Kissinger spoke regarding protest petitions and state requirements. Don Hoff, Director of Utilities, discussed with Mr. Kissinger the amount of money available in the Flood Fund noting the City can afford the project. Commission Action # Mr. Kissinger explained the benefit to the City and the fifty-fifty partnership with the property owners and that there are low income options available. A discussion followed regarding the history of improvements in the area. Mr. Kissinger explained that the improvements were built to standards at the time of construction however, tolerance for street flooding has decreased. He then gave examples of other flood control projects. Mayor Shadwick then invited public comment. Tim Mayorga, 2351 Edward, spoke against inclusion in the benefit district. He said he did not understand the benefit district not including the school properties and Roach Street as they all flood. He spoke of changing elevations over time, which cause older areas to flood. Mr. Kissinger explained this option to the residential area in this project and that no part of the general public benefit would be charged. Mr. Mayorga stated that the water problems come from the south, the park and school; his property is to the north, noting the law of physics. Mr. O'Leary swore, with God as his witness, that the water flows downhill from Mr. Mayorga's property. Mr. Kissinger reiterated the separation of the projects and responded to Commission concerns noting that the City has heard from residents in this area that the neighborhood floods. He stated that the project is City initiated from citizen feedback. Mr. Mayorga stated that the benefit district should only include those who truly benefit or should be expanded. Chris Davis, 2256 Roach Street, stated his compassion for those in the flood area and asked why the City approved the original storm sewers if they knew they were too small. He also asked if there was any State or Federal funding for the project. He then identified where he had seen water pooling and suggested that all aspects of engineering were not looked at. Mr. Kissinger responded that State and Federal funding is available for major projects and that none are available for residential improvements. He explained the project would improve the neighborhood without the neighborhood portion of it. Joyce Hale, 2264 Roach, said she doesn't get wet as she is up higher having highest house and being assessed while lower properties are not being assessed. She has a problem that only five houses on Roach being assessed. Mr. O'Leary explained the drainage difference between day to day and major storms. Mr. Kissinger and Mr. O'Leary explained curb drainage with Mr. Kissinger concluding that the benefit district is reasonable and fair as laid out. Helen Keam, 2355 Aurora, spoke in support of the project noting that flooding also causes sewers to backup. She feels it is time to correct this health hazard. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to approve the South Ohio Corridor Improvements Project No. 98-1138, and establish a special assessment improvement district for a portion of the project. Commissioner Jilka spoke in support of the project and Commissioner Seaton concurred with his remarks. Commissioner Heath spoke in support of the project to include the neighborhood areas. Commissioner Seaton formalized her second to the motion on the floor. Mayor Shadwick spoke in support of the current policy and the project. Commission Action # co�rooaaea�sai�a 00-2353 00-23 00-2355 — 00-23 Mr. Kissinger noted a preference for two actions on this item. Moved by Commissioner Jilka, seconded by Commissioner Seaton to amend the prior motion and to adopt Resolution Number 00-5559 establishing the special assessment improvement district for a portion of the storm drainage improvements on the project. Aye: (5). Nay: (0). Motion carried. Moved by Commission Jilka, seconded by Commissioner Seaton, to approve the South Ohio Corridor Improvements, Project No. 98-1138, and authorize staff to establish the bid date for the project. Aye: (5). Nay: (0). Motion carried. (8.3) Award of contract for the 2000 Manhole and Valve Box Regrading, Project No. 99-1207. Shawn O'Leary, Director of Engineering and General Services, explained the project and the bids received. Moved by Commissioner Heath, seconded by Commissioner Jilka, to award the contract for the 2000 Manhole and Valve Box Regrading, Project No. 99-1207 to Bryant & Bryant Construction in the amount of $46,000.00. Aye: (5). Nay: (0). Motion carried. (8.4) Report on bids received and award bids for Phase I Vehicles and Equipment purchases for 2000, and the Golf Course golf carts. Jason Gage, Assistant City Manager, explained the bids received for this first phase and the Parks Department issues. He corrected Attachment "A" to this packet item in that the Fire Department three-quarter (3/4) ton four-wheel drive pickup is to be awarded to Long-McArther Ford in Salina rather than Lacy-Regher Motors in McPherson. He noted a rebid for the turf spreader, the sole source purchase of the Police radar units and stated that the copiers for the Parks Department model numbers are the same. Commission Mathews initiated a discussion with Mr. Gage and Police Chief Jim Hill regarding anti-lock brakes, which were not in the specifications, working with the slip differentials that are in the specifications, and the recommended award of bid to the Weatherford, Texas Ford dealership as opposed to the local dealership. It was noted that only Ford makes a vehicle to fit the specifications and that there is only one Ford dealership in town. Chief Hill informed the Commission, and reminded staff, of having awarded a vehicle bid to the local dealer over the lowest out-of-town bid in the past to have the out-of-town dealership refuse to participate in future bid lettings. Dennis Kissinger, City Manager, spoke to the manufacturing of police vehicles and the need for them to be proven. He also spoke regarding low bids and the over-all best value to the City. He agreed with Commissioner Mathews that when there aren't many bids we need to check our specifications to make sure they are not too restrictive. Bill Rogge, Long-McArther Ford, spoke regarding fleet orders and offered his advice and assistance in writing specifications. He noted that the bid for three Rangers for the Engineering Department low bid by Lacy-Regher did not bid the correct motor. Mr. Kissinger noted that the correction had been made and that the award of bid went to Long-McArther Ford. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve the requested 2000 Vehicle and Equipment Plan – Phase I including the requested golf cart purchases and to reject all bids received for the turf sprayer with authorization to re -bid the item. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution Number 00-5560 authorizing and directing the issuance, sale, and delivery of $780,000 principal amount of General Obligation Municipal Temporary Notes, Series 2000-1. Rodney Franz, Director of Finance and Administration, explained the use of the notes for street, drainage and subdivision improvements to the Frank Industrial Area Addition, Morrison's Commission Action # Addition (Baker Street), the replat of Blocks Four, Ten, Eleven and Twelve in Georgetown Addition, and Eastview Estates Addition. He explained the maturity dates, the only bid received from Sunflower Bank with the interest cost of $49,005.00, and recommended accepting the bid and authorizing staff to proceed. 00-2357 Moved by Commissioner Heath, seconded by Commissioner Jilka to approve Resolution Number 00-5560 for the street and subdivision improvements. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Mayor Shadwick noted there would not be a regular meeting of the City Commission next Monday and that the next Regular Meeting of the City Commission will be February 7, 2000. 00-2358 (9.2) Moved by Commissioner Seaton, seconded by Commissioner Heath, 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; and to reconvene in this room at 6:17 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:47 p.m. and reconvened at 6:17 p.m. No action was taken. ADJOURNMENT 00-2359 Moved by Commissioner Heath, seconded by Commissioner Seaton, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:18 p.m. Aonte Shadwick, Mayor [SEA]L] ATTEST: R. Weber, Acting City Clerk