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10-27-2003 MinutesCommission Action # 03-61561 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 27, 2003 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for Quarterly Finance/Project Reports. 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: Michael Morgan, Deputy City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: Dennis M. Kissinger, City Manager None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The week of October 23 — 31, 2003 as "Red Ribbon Week" in the City of Salina. Chris Endreshak, Dare Officer, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of October 20, 2003 as amended. (6.2) Award bid of one unmarked police package vehicle to Shawnee Mission Ford in the amount of $21,966. Moved by Commissioner Shadwick, seconded by Commissioner Webb, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 03-10171 amending Chapter 41, Article III of the Salina Code by repealing Sections 41-74, 41-75 and 41-76 pertaining to the East Dry Creek Interceptor Capital Recovery Charge. Mayor Jilka clarified that Ordinance No. 03-10171 was passed on first reading on October 20, 2003 and since that time no comments have been received. Commission Action # 03-615' 03-6158 03-61591 03-61601 Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance No. 03-10171 on second reading. A roll call vote was taken. Aye: (5) Divine, Marrs, Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.2) First reading Ordinance No. 03-10172 levying Salina Business Improvement District Number 1 service fees for 2004. Michael Morgan, Deputy City Manager, explained that in late 2001, the Progressive Urban Management Associates, Inc. (PUMA) was hired to perform an economic analysis to determine a benchmark for the downtown's economic vitality and to assist in developing a comprehensive economic development and organization plan. Mr. Morgan noted that 2003 ways the first year that the PUMA plan policies and objectives were implemented. Mr. Morgan continued to explain that in 2002, the City Commission established a 2003 service fee schedule using the new methodology as recommended by PUMA, the B.I.D. Board of Advisors, and city staff with an anticipated service fee income for 2003 of approximately $90,000. It was determined that by using the same methodology in 2004, it would require substantial increases in the fee schedule. Mr. Morgan noted that the second reading of the ordinance would occur on November 10, 2003 along with a status report on the annual business satisfaction survey, and staff will evaluate billing, collection and account receivable issues for B.I.D. service fees. Gayle Martin, Salina Downtown, Inc. Executive Director, responded to Commissioner Divine's and Mayor Jilka's questions regarding the B.I.D. budget, update on progress relating to the PUMA report, and the business satisfaction survey. Moved by Commissioner Webb, seconded by Commissioner Divine, to pass Ordinance No. 03-10172 on first reading and set November 10, 2003 as the date for the second reading of the ordinance. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 03-5998 establishing Municipal Court fees. Michael Morgan, Deputy City Manager, explained that as part of the 2004 budget, staff was directed to review costs and fees assessed by the municipal court. In 2002, the municipal court handled approximately 3,200 criminal cases and 15,000 traffic cases. He continued to explain the current court costs, handling of criminal and traffic cases, cost comparison among other jurisdictions, and the proposed probation fee. Mr. Morgan also noted that the proposed The changes would be effective January 1, 2004. A discussion followed between Mayor Jilka, Commission Divine, and Mr. Morgan regarding the 1999 comprehensive fee review regarding court fees, average court cost among other jurisdictions in handling traffic and non -traffic cases, court revenues, alternative uses for funds, and length of time persons are on probation. Jennifer Wyatt, City Prosecutor, clarified that the length of probation is approximately six months to one year. Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution No. 03-5998. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution No. 03-5999 appointing members to the Arts and Humanities Commission and the Disciplinary Advisory Board. Moved by Commissioner Webb, seconded by Commissioner Divine:, to adopt Resolution No. 03-5999. Mayor Jilka announced the appointments and called the question for adoption of Resolution No. 03-5999. Aye: (5). Nay: (0). Motion carried. Commissioner Divine excused herself from the quorum due to conflict of interest. Commission Action # 03-6161 03-61 03-61631 (8.5) Approval of an engineering agreement for Marymount Road Improvements, Project No. 03-1424. Shawn O'Leary, Director of Engineering and General Services, explained the project and the agreement. Kenzil Lynn, representing Bucher, Willis & Ratliff Corporation, was available for questions. Moved by Commissioner Shadwick, seconded by Commissioner Webb, to approve an engineering agreement for Marymount Road Improvements, Project No. 03-1424 with Bucher, Willis & Ratliff Corporation in an amount of $53,225. Aye: (4). Nay: (0). Abstain: (1) Divine. Motion carried. (8.6) Approval of a design/build contract for improvements to the Broadway Boulevard Viaduct, Project No. 03-1425. Shawn O'Leary, Director of Engineering and General Services, explained the project and contract. Kenzil Lynn, representing Bucher, Willis & Ratliff Corporation, was available for questions. A discussion followed between Mr. O'Leary and Commissioner Marrs regarding the designibuild approach of the contract and proposed repair methods. Moved by Commissioner Webb, seconded by Commissioner Marrs, to approve a design/build contract for improvement to the Broadway Boulevard Viaduct, Project No. 03-1425 with Smoky Hill, LLC and Bucher, Willis & Ratliff Corporation in an amount not to exceed $250,000. Aye: (4). Nay: (0). Abstain: (1) Divine. Motion carried. Commissioner Divine returned to the quorum. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Webb, seconded by Commissioner Divine, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:40 p.m. [SEAL] ATTM z R. Weber, Deputy City Clerk NIa4fl�Jiflk'a., �ayok