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11-17-2003 MinutesCommission Action # GonsWgate0.5aina 03-6178 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS November 17, 2003 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for an Animal Control Licensing/Issues Briefing, Bicentennial Center Scoreboard Project Briefing, and Recycling Project Update. 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 Elsey, 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 November 10, 2003. Moved by Commissioner Webb, seconded by Commissioner Divine, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) First reading Ordinance No. 03-10174 amending Chapter 30, Article Il of the Salina Code pertaining to Merchant Security Services. (8.1 a) Resolution No. 03-6008 amending the Comprehensive Fee Schedule pertaining to license and permit fees for Merchant Security Services and Guards. Police Chief James Hill explained that the proposed amendments would enable the City Clerk to issue a conditional permit, good for up to 90 days, provided the applicant passes a local background investigation conducted by the police department. He continued to explain that the conditional permit would be either approved or disapproved within five business days after receiving a completed application. Upon receipt, results of the KBI criminal background check would provide Comrnission Action # canui�oaieasai�na 03-6179 03-6180 03-6181 information necessary to approve or deny issuance of a regular permit. Chief Hill also summarized the increase in rates for the merchant security service license from $55 to $150 and merchant security guard permit from $25 to $50. Chief Hill then responded to Mayor Jilka and Commissioner Divine regarding the amendments to Section 30-25 and Section 30-16. Dennis Kissinger, City Manager, and Greg Bengtson, City Attorney, noted that modifications of subsection (2) of Section 30-25 would be made between first and second reading ordinance for improved clarification. Lori Laskowski, Midwest Security, 1006 E. Iron, commented on her opposition on raising the fees for the Merchant Security Guard permits. Ms. Laskowski discussed with the Commission the average pay for security guards and their company's employee turnover, noting that the fee increase would be difficult for their employees. Commissioner Divine commented that she appreciated Ms. Laskowski's comments and sympathetic to her concerns and expressed the need to increase certain fees. Moved by Commissioner Divine, seconded by Commissioner Webb, to pass Ordinance No. 03-10174 on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Marrs, to adopt Resolution No. 03-6008. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 03-6001 declaring it to be necessary that the City appropriate private property for the use of the City in construction of the North Ohio Street Overpass, Project No. 00- 1248. Aye: (5). Nay: (0). Motion carried. Greg Bengtson, City Attorney, explained that the City hopes to successfully negotiate acquisition of all property necessary for the North Ohio Overpass project without resorting to its power of eminent domain. However, as the City works to complete the real estate acquisition necessary, it must also pay close attention to the timeframe during which real estate acquisition must be completed. Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt Resolution No. 03-6001. Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 03-6007 authorizing the offering for public sale of General Obligation Temporary Notes, Series 2003-3. Rodney Franz, Director of Finance and Administration, explained that the proposed resolution provides temporary financing for the construction of public improvements in the RiverRun Addition. He continued to explain that the note and the subsequent bond issue would be paid with special assessments against the property benefiting from the improvements. 03-6182 Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Resolution No. 03-6007. Aye: (5). Nay: (0). Motion carried. (8.4) Update of the 2003 Capital Improvement Program and 2003 C.I.P. sub -plans. Michael Morgan, Deputy City Manager, explained that majority of the projects are complete or well underway and predict final expenses for the year will be significantly under the budget estimates and authorizations. Mr. Morgan continued to note that the primary change in the 2003 C.I.P. is the shifting of four KDOT/City projects to 2004. The four projects that would be shifted included the Crawford/Front Intersection Upgrade, North Ninth Street Bridge Project, Lakewood Historic Pedestrian Bridge Relocation Project, and the Lakewood Drive Bridge Construction. Mr. Morgan and City Manager Dennis Kissinger also responded to Commissioner Divine regarding projects removed from the current C.I.P and the soccer complex project. Commission Action # 03-6183 Moved by Commissioner Marrs, seconded by Commissioner Sha.dwick, to accept the update 2003 Capital Improvement Program and 2003 C.I.P. sub -plans. Aye: (5). Nay: (0). Motion carried. (8.5) Authorizing Supplemental Engineering Agreement No. 5 for the North Ohio Overpass, Project No. 00-1248 with Wilson & Company in the amount not to exceed $556,337. Shawn O'Leary, Director of Engineering and General Services, explained the project, project financing, and the supplemental agreement. Ronald Chandler and Troy Eisenbraun, representing Wilson & Company, were also available for further questions. A discussion followed between Commissioner Marrs, City Manager Dennis Kissinger, Mr. O'Leary, and Mr. Eisenbraun regarding the field check, the necessity for preliminary approval to proceed with the project, the City Commission's input during the final review, the Community Art and Design element of the agreement (Section 1.5.2), and cost estimates for that section. Commissioner Marrs indicated that it was difficult to tell the cost of the art and design in the final design phase, because there have been no plans of what is to be designed. Responding to the Commission, Mr. O'Leary noted that the costs for the Community Art and Design phase would not be known until plans are submitted to KDOT. Which elements KDOT will support are needed for the Commission's final determination of how much they want to include. He clarified that aesthetic elements will be determined by the Commission. Mr. Kissinger noted the possibility of excluding the Community Art and Design element of the agreement, and bringing it back to the Commission as an additional supplemental agreement. He explained that having the aesthetics included in the contract is not authorization to begin that work. He then commented that by waiting for KDOT approval, staff will be better able to explain the financial costs and determine what portions to release to the design firm. In closing, he said that some aesthetics are in the area around the structure, giving the example of drainage, and that staff would rather bring those items back to the Commission regarding financing and costs. Commissioner Divine expressed her opposition towards removing the Community Art and Design element of the agreement and the importance of continuing on with the agreement as presented. A discussion followed between the City Commissioners, Mr. Kissinger, Mr. O'Leary and Mr. Eisenbruan regarding Community Art Design final costs. Mr. Kissinger noted that no budget has been given for design and explained the use of phases for project completion. He clarified that this project was underway before the Community Art and Design resolution was passed and that he hasn't seen costs of discretionary items. Art is somewhat separate from the bridge structure. Commissioner Marrs noted that the basic design as defined is okay, some Community Art Elements have been approved, and questioned the entrance towers. Mr. Eisenbruan agreed, noting that ornamental lighting, ornamental intricate fencing, the rail treatments and the colors and textures are approved by KDOT. However, E DOT does not support the gateway towers, hard-scaping at the gateway and surrounding landscaping as part of the project. Commissioner Divine stated that the design of the gateway towers, hard-scaping at the gateway and surrounding landscaping were included in this agreement and moved to approve the agreement as presented. Commissioner Webb seconded the motion. Commissioner Marrs reiterated that the project was not at design stage to approve. Responding to Commissioner Marrs, Mr. Eisenbruan agreed they had been paid for the concept phase. Commission Action # coy:,mated sauna 03-6184 Mr. O'Leary noted that this agreement will get the project to the stage Commissioner Marrs is looking for to include Community Art and Design. Commissioner Marrs spoke regarding the need to determine a budget for the art. Mayor Jilka suggested delaying the item a week or two to clarify the process. Commissioner Shadwick concurred with the Mayor suggesting delaying action for one week. He also clarified for Mr. Kissinger that the week was for the Commission to consider the matter. Commissioner Divine held to her motion for approval. Mr. Eisenbruan spoke regarding general cost estimates and gave the wide range in fencing costs as an example. He explained that work needs to be done regarding the towers and gateway noting the costs can vary and those decisions are made in the final design phase. He clarified that estimates are updated during the process to get the estimates of costs. Mr. O'Leary stated that staff has shared the cost estimates with the Commission and that the costs have become more finite with feed back. The fence detail is final, landscaping and towers along with land acquisition costs are not as far along, noting a lot of undefined costs. Mr. Kissinger noted satisfaction with costs of the bridge itself. City Attorney Greg Bengtson, clarified that the motion and second could be considered at another time and that the Commission can move to postpone action on the Motion on the Floor with its second, without killing the original motion. Commissioner Webb stood on his second to the original motion. Commissioner Marrs, Mayor Jilka and Commissioner Shadwick supported postponing action on the agreement. Moved by Commissioner Shadwick, seconded by Commissioner Marrs, to postpone consideration of this matter for one week. Aye: (3). Nay: (2) Divine and Webb. Motion carried to take action on the motion with second to approve the agreement as presented in one week. (8.6) Staff Report 2004 Health Insurance Renewal. Michael Morgan, Deputy City Manager, outlined the health insurance changes to include the following: 1. Continue to partially self -fund the employee health/prescription/dental insurance program and suggest total monthly rates of a 5% increase; 2. Increase in the employee's monthly share from $60 to $64 per month for single coverage and $160 to $168 per month for family coverage;, 3. Covert from Blue Cross/Blue Shield — Blue Select to Blue Choice plan design which increases the single deductible from $0 to $200 and l:amily deductible from $0 to $400; 4. Reduce lifetime orthodontic benefit from $1,000 to $500 in the dental plan; 5. PCS prescription benefit will remain at 70/30, with the employee's share at 30%; and 6. Continue the Section 125 Cafeteria Benefits Plan to include as eligible expenses, un -reimbursed medical care and dependent child-care. Mr. Morgan explained the necessary actions Staff would need to take to implement the changes in the benefit program. These included: 1. Execute an administrative services agreement with Blue Cross/Blue Shield; 2. Purchase stop loss policy for insurance coverage in excess of specified claim cost cap; 3. Execute a renewal agreement with PCS for prescription benefits; 4. Execute a renewal agreement with Delta Dental for administrative services; Commission Action # ca�soi�aa�easau.na 03-6185 03-6186 03-6187 5. Approve the rates established for employee/employer contribution; 6. Notify the Airport Authority, Housing Authority, Library and Health Department of rates; 7. Notify COBRA participants and retirees of the new rates; and 8. Negotiate and execute a contract with a provider for administrating Section 125 benefits. Mr. Morgan then clarified that the City of Salina employees would receive a one- percent cost of living increase effective January 1, 2004 as requested by Commissioner Divine. He also responded to Commissioner Shadwick's inquiries regarding cost saving associated with the new deductibles. Mayor Jilka thanked Staff for their work on this item. Commissioner Divine and City Manager Dennis Kissinger thanked City employees for having to bear the burden of the increase of cost in health insurance. Moved by Commissioner Webb, seconded by Commissioner Divine, to authorize staff to take the necessary actions as outlined above to implement the changes for the 2004 employee health insurance benefit program. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Request for executive session (real estate). Moved by Commissioner Webb, seconded by Commissioner Shadwick, to recess into executive session for ten minutes for preliminary discussions relating to the acquisition of real estate for the reason that public discussion of the matter could jeopardize the ability of the City to acquire the real estate; and reconvene at 5:40 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:30 p.m. and reconvened at 5:40 p.m. Moved by Commissioner Webb, seconded by Commissioner Shadwick, to reconvene into the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission returned to the current executive session at 5:40 p.m. and reconvened at 5:50 p.m. ADJOURNMENT 03-6188II Moved by Commissioner Webb, seconded by Commissioner Marrs, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:50 p.m. [SEAL] AT EST: Lieu Ann Elsey, City Clerk' kcif.' Alan E. Jilka, ayor