07-07-2003 MinutesCommission
Action #
03
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 7, 2003
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a 2004 Budget Overview. 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 Deborah P. Divine
Commissioner Donnie D. Marrs
Commissioner Monte D. Shadwick
Commissioner Paul G. Webb
comprising a quorum of the Board, also present:
Dennis M. Kissinger, City Manager
Greg Bengtson, City Attorney
Lieu Ann Nicola, City Clerk
Absent: None
CITIZEN FORUM
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of June 23, 2003.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Adoption of an annexation agreement, annexation, final plat and rezoning of the RiverRun
Addition.
(7.1a) Resolution No. 03-5945 authorizing an annexation agreement with Vanier
Properties, L.L.C. relating to the annexation of a tract of land located on the south end of
Marymount Road west of the Elks Country Club.
(7.1b) Second reading Ordinance 03-10137 annexing a tract of land located on the
south end of Marymount Road west of the Elks Country Club.
(7.1c) Application #P03 -4/4A, filed by Kaw Valley Engineering on behalf of Rex
Vanier, requesting approval of final plat of the RiverRun Addition.
(7.1d) Second reading Ordinance No. 03-10138 approving the preliminary
development plan and rezoning from Saline County AG to PDD R, R-1 and R-2 in the
RiverRun Addition on South Marymount Road.
Commission
Action #
03
— 03
03-6005
— 03 -
Dean Andrew, Director of Planning and Community Development, explained the
annexation request and annexation agreement.
A discussion followed between Commissioner Divine, City Manager Dennis Kissinger,
Director of Utilities Don Hoff, and Mr. Andrew regarding the water distribution system and the
extension of Marymount Road.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Resolution No. 03-5945. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 03-10137 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
Mr. Andrew explained Application #P03 -4/4A, Planning Commission's recommendations
and conditions.
A discussion followed between Commissioner Shadwick, Commissioner Divine and Mr.
Andrew regarding the drainage ponds, walking paths, and sidewalks.
Ken Wasserman, 213 S. Santa Fe, representing the applicant, commented on the right-of-
way dedications and walking paths.
Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize the
Mayor to sign the plat for the RiverRun Addition and accept the proposed easements and right-of-way
dedications. Aye: (5). Nay: (0). Motion carried.
Mr. Andrew explained that Ordinance No. 03-10138 was passed on first reading on April
7, 2003. He also noted that since that time the applicant has elected to final plat only the northern
portion of the property.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 03-10138 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
ADMINISTRATION
(8.1) General Obligation Temporary Notes and Bonds, Series 2003-1, 2003-2 and 2003-A.
(8.1a) Receive and consider bids on General Obligation Temporary Notes, Series
2003-1, in the amount of $3,800,000.
(8.1b) Resolution No. 03-5947 authorizing the issuance, sale and delivery of
$3,800,000 principal amount of General Obligation Temporary Notes, Series 2003-1 and
prescribing the form and details of said notes.
(8.1c) Receive and consider bids on General Obligation Temporary Notes, 2003-2,
in the amount of $1,200,000.
(8.1d) Resolution No. 03-5948 authorizing the issuance, sale and delivery of
$1,200,000 principal amount of General Obligation Temporary Notes, Series 2003-2 and
prescribing the form and details of said notes.
(8.1 e) Consider bids received on General Obligation General Improvement Bonds,
Series 2003-A, in the amount of $4,350,000.
(8.1f) Second reading Ordinance No. 03-10147 authorizing the issuance and delivery
of $4,350,000 principal amount of General Obligation Internal Improvement Bonds, Series
2003-A.
Commission
Action #
03-600'
03-600E
03-6010
03-6011
03-6012
03-6013
03-60141
03-60151
(8.1 g) Resolution No. 03-5949 prescribing the form and details; of and authorizing the
delivery of $4,350,000 principal amount of General Obligation Internal Improvement
Bonds, Series 2003-A.
Rodney Franz, Director of Finance and Administration, explained the issues, projects
financed, maturity schedule and the change in the principal amount in Ordinance No. 03-10147 since
first reading. Mr. Franz summarized the bids received. He then introduced Dave Arteberry with
George K. Baum Company and Lynn Kremers and Randy Irey with Gilmore & Bell.
Dave Arteberry commented on the City's moody rating.
Dennis Kissinger, City Manager, thanked George K. Baum and Gilmore & Bell for their
services.
Moved by Commissioner Divine, seconded by Commissioner Webb, to award the bid for
the General Obligation Temporary Notes, Series 2003-1, in the amount of $3,800,000, to Commerce
Capital Markets with a net interest rate of 1.144043%. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Resolution No. 03-5947. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Webb, seconded by Commissioner Shadwick, to award the bid
for the General Obligation Temporary Notes, Series 2003-2, in the amount of $1,200,000, to UMB
Bank with a net interest cost of 2.092651%. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Resolution No. 03-5948. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Shadwick, to award the bid
for the General Obligation Internal Improvement Bonds, Series 2003-A, in the amount $4,350,000,
to Stone and Youngberg with a true interest cost of 3.210024%. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to adopt Ordinance
No. 03-10147 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Resolution No. 03-5949. Aye: (5). Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 03-10149 amending Chapter 42, Article IV, Section 42-59
of the Salina Code to require approval of a special use permit for flea markets and other open air
markets.
Lieu Ann Nicola, City Clerk, clarified that Ordinance No. 03-10149 was passed on first
reading on June 23, 2003 and since that time no comments have been received.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Ordinance
No. 03-10149 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.3) Second reading Ordinance No. 03-10150 providing a change: in zoning district
classification from R-1 (Single -Family Residential) to R-2 (Multi -Family Residential) on property
legally described as Lots 7 and 8, Block 9, Belmont Addition (aka 2134 and 2][42 Oxford Drive).
Lieu Ann Nicola, City Clerk, clarified that Ordinance No. 03-10149 was passed on first
reading on June 23, 2003 and since that time no comments have been received.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Ordinance
No. 03-10150 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
Commission
Action #
�ronsm�aeiea�seima
03-601
03-601
03-6018
03-601
03-6
(8.4) Second reading Ordinance No. 03-10151 abandoning the approved preliminary and final
development plans for the Glennifer Hills Condominiums Planned Development District and to rezone
the property to R-3.
Lieu Ann Nicola, City Clerk, clarified that Ordinance No. 03-10151 was passed on first
reading on June 23, 2003 and since that time no comments have been received.
Dean Andrew, Director of Planning and Community Development, responded to
Commissioner Divine regarding the zoning being reverted back to its original zoning.
Moved by Commissioner Shadwick, seconded by Commissioner Marrs, to adopt Ordinance
No. 03-10151 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.5) Second reading Ordinance No. 03-10152 amending Chapter 23, Article II of the Salina
Code pertaining to bail bond agents and companies.
Lieu Ann Nicola, City Clerk, clarified that Ordinance No. 03-10152 was passed on first
reading on June 23, 2003 and since that time no comments have been received.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Ordinance
No. 03-10152 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick,
Webb, Jilka. Nay: (0). Motion carried.
(8.6) Receive and review the 2002 Audit Report from Lowenthal, Singleton, Webb and Wilson,
Professional Association (LSWW).
Rodney Franz, Director of Finance and Administration, explained that the city has been
given an unqualified, or "clean" opinion meaning that the financial statements are presented fairly in
all material respects and in conformance to GAAP. Mr. Franz also noted that in a management letter,
LSWW noted two suggestions for improvement to the internal control system relating to separation
of duties on transfers between financial institutions and pledged security transactions.
Tom Singleton, Lowenthal, Singleton, Webb and Wilson, commented on the audit and the
implementation of GASB. Mr. Singleton also responded to Mayor Jilka regarding inventory of asset
requirements.
Moved by Commissioner Shadwick, seconded by Commissioner ]Divine, to receive the
2002 Audit Report. Aye: (5). Nay: (0). Motion carried.
(8.7) First reading Ordinance No. 03-10153 amending Chapter 34, Article V, Sections 34-92,
34-93, and 34-96 of the Salina Code pertaining to the Salina/Saline County Solid Waste Management
Committee.
(8.7a) Resolution No. 03-5953 authorizing a first amendment to the Solid Waste
Management Interlocal Agreement.
Michael Fraser, Director of General Services, explained the proposed amendments that
would reflect the membership, terms and provide more flexibility in conducting committee business.
Mr. Fraser then responded to Mayor Jilka's inquiry regarding term lengths.
Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance
No. 03-10153 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Resolution
No. 03-5953. Aye: (5). Nay: (0). Motion carried.
(8.8) Resolution No. 03-5951 authorizing an agreement with the Salina Airport Authority
outlining City of Salina Fire Department services to be provided relative to Aircraft Rescue and
Firefighting (ARFF).
Commission
Action #
03-60211
03-6022
03-6023
03
Fire Chief Darrell Eastin, explained the agreement. Chief Eastin then responded to
Commissioner Divine's questions regarding the equipment plan.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt
Resolution No. 03-5951. Aye: (5). Nay: (0). Motion carried.
(8.9) Resolution No. 03-5952 authorizing an agreement with Camp Dresser & McKee to provide
certain consulting engineering services related to the construction of Cell No. 4 and the closure of Cell
Nos. 1 and 2 at the Salina Municipal Solid Waste Landfill Facility, Project No. 02-1333 (in an amount
not to exceed $182,045).
Don Hoff, Director of Utilities, explained the agreement and services to be provided. Mr.
Hoff then responded to Commissioner Marrs regarding the Bidding or Negotita.ting Phase (Article 2)
of the agreement.
A discussion followed between Commissioner Marrs, City Manager Dennis Kissinger, and
Deputy City Manager Michael Morgan regarding the limitation of liability (8.4) and insurance
requirements (8.11).
Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to adopt
Resolution No. 03-5952 with amendments to Sections 8.4 and 8.11 of the agreements. Aye: (5). Nay:
(0). Motion carried.
(8.10) Resolution No. 03-5954 expressing the intent to favorably consider a petition of certain
access control on South Ninth Street.
Shawn O'Leary, Director of Engineering and General Services, explained the petition. He
also responded to Commissioner Divine regarding access control.
Moved by Commissioner Shadwick, seconded by Commissioner Marrs, to adopt
Resolution No. 03-5954. Aye: (5). Nay: (0). Motion carried.
(8.11) Resolution No. 03-5955 authorizing a Construction Engineering Proposal with Bucher,
Willis, & Ratliff for the Schilling Road/Centennial Road reconstruction project in the amount of
$119.359.24.
Commissioner Divine excused herself from the quorum due to conflict of interest.
Brad Johnson, Civil Engineer, explained the proposal.
A discussion followed between Commissioner Marrs, Commissioner Shadwick,
Commissioner Webb, Mr. Johnson, Shawn O'Leary, Director of Engineering and General Services,
and Dennis Kissinger, City Manager, regarding project estimates, road construction, storm sewer
costs, utility relocations, and access controls.
Moved by Commissioner Shadwick, seconded by Commissioner Webb, to adopt
Resolution No. 03-5955. Aye: (4). Nay: (0). Abstain: (1) Divine. Motion carried.
Commissioner Divine returned to the quorum.
(8.12) Resolution No. 03-5956 authorizing school safety improvements and modifying the official
school zone times.
Shawn O'Leary, Director of Engineering and General Services, explained the
improvements and change in school zone times.
Eric Drager, Traffic Control Engineer, explained safety walking Zone routes.
Mr. O'Leary responded to Commissioner Marrs' questions regarding the lateness of the
implementation and of any cost sharing with USD #305. Mr. O'Leary then responded to
Commissioner Divine regarding the dollar amount equivalent to 50 man-hours.
Commission
Action #
o�soraa�s, �a
03-602`.
EEO
03-6028
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution
No. 03-5956. Aye: (5). Nay: (0). Motion carried.
(8.13) Award of contract for the 2003 Dangerous Structures Demolition, Project No. 03-1406.
Brad Johnson, Civil Engineer, explained the project and bids received.
Moved by Commissioner Shadwick, seconded by Commissioner Divine, to award the
contract for the 2003 Dangerous Structures Demolition, Project No. 03-1406, to Ronnie Diehl
Construction in the amount of $4,470. Aye: (5). Nay: (0). Motion carried.
(8.14) Request by a representative of a property owner at 1056 E. Pacific to address the City
Commission requesting a change in the City's Adult -Oriented Business Ordinance.
Christopher McHugh, attorney representing Ben J. Frick, explained his client's request
regarding the regulation of location of an Adult -Oriented Business.
The City Commission did not take any formal action.
OTHER BUSINESS
(9.1) Authorize the City Manager to execute a Change Order and award a contract to Harbin
Construction to construct evidence storage in the basement of the new Salina Municipal Court
building.
Michael Morgan, Deputy City Manager, explained the project and request.
Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize the City
Manager to execute a Change Order and award a contract to Harbin Construction in the amount of
$20,433 to construct evidence storage in the basement of the new Salina Municipal Court building.
Aye: (5). Nay: (0). Motion carried.
ADJOURNMENT
Moved by Commissioner Webb, seconded by Commissioner Shadwick, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:59 p.m.
01"� 2 Y.Iorlk
Alan E. Jilka,
[SEAL]
ATTEST:
Zau .
Lieu Ann Nicola, City Clerk