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02-02-2004 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 2, 2004 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a North Broadway Major Project Report. 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 January 26, 2004. 04-6273 Moved by Commissioner Marrs, seconded by Commissioner Webb, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Preliminary review of final development plan, landscape plan and architectural plans for the proposed Hospice Center on the west side of Holly Lane south of Crawford Street. (7.2) Resolution No. 04-6041 directing and ordering a public hearing on the advisability of street and drainage improvements of Holly Lane in the Replat of River Meadows Addition. Dean Andrew, Director of Planning and Community Development, explained that Hospice of Salina have submitted their final plan drawings to city staff for review. It is recommended that the City Commission set February 23, 2004 as the date for the public hearing to take formal action on the proposed site development plan. Mr. Andrew then clarified as requested by Commissioner Marrs what actions would be taken at the February 23`a meeting and what information would be provided. Mr. Andrew also responded to Commissioner Divine regarding the proposed benefit district in relation to Item 7.2. 04-6274!: Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt 1 Commission Action # Resolution No. 04-6041 and set February 23, 2004 for the public hearing on the advisability of street and drainage improvements of Holly Lane of the Replat of River Meadows Addition, and to take formal action on the Hospice of Salina's proposed site development plan. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) First reading Ordinance No. 04-10186 submitting to the electors of the City of Salina, Kansas, calling the question whether a .25 percent retailers' sales tax should be imposed. Dennis Kissinger, City Manager, explained that two versions of the ordinance were drafted for City Commission consideration based on the previous City Commission direction. He continued to explain that both versions of the ordinance call for the question to be placed on the March 16, 2004 ballot, to continue the quarter cent rate, and set a six year timeframe. Also both versions identify designated uses for the sales tax proceeds of general capital improvement projects, major equipment, parks and recreation capital improvement projects, debt service, human service grants, and economic development purposes. Mr. Kissinger noted that version "A" of the proposed ordinance designates 12.5 percent specifically for economic development purposes and the remaining 87.5 percent for the other identified purposes. Whereas, version "B" contains all the same designated purposes but does not have a specific set-aside percent for one purpose. A discussion followed between Commissioner Shadwick, Commissioner Marrs and Mr. Kissinger regarding funding for special requests and human services grant. Corzmissioner Marrs also recommended expanding the uses to include "property tax stabilization." A discussion continued between Commission Marrs and Mr. Kissinger pertaining to property tax stabilization and debt service. Commissioner Shadwick noted his concerns regarding using the term "property tax stabilization," feeling it would tie the hands of future commissions. Commissioner Marrs clarified that "property tax stabilization" would not mean that property taxes would not increase, but is used as a tool to stabilize it. A discussion followed between Commissioner Divine and Mr. Kissinger regarding citizen misinterpretation of the term. Commissioner Divine also stated that she prefers version `B" of the ordinance because it provided flexibility. Commissioner Webb commented that "property tax stabilization" would never guarantee that the mill levy would increase or decrease, but assist in stabilizing it. Commissioner Webb also felt a need to set aside a portion of the tax revenue for economic development and the importance of using funds for capital improvement projects. Ted Mintun, 307 S. Oakdale #6, read his letter that he submitted to the editor of the Salina Journal. He noted the importance of the tax extension and the need for funding for quality childcare and development. Tom Bell, representing the Salina Area Chamber of Commerce, commented on their support of version "A" of the proposed ordinance. He also expressed the importance of economic development, long range planing, and the need to know how much allocation to expect for economic development. Mr. Bell then responded to Mayor Jilka, Commissioner Divine, and Commissioner Shadwick on how the Economic Development Task Force was formed, membership, and surrounding communities economic development funding, and the Chamber's plan for fimding after the tax sunset. Commissioner Divine expressed the need of economic development to look within the community to expand current businesses. Mr. Kissinger noted that the 12.5 percent does not necessarily commit funds to any specific plan of economic development. 2 Commission Action # Commissioner Divine expressed her concerns of version "A", asking how `economic development' is going to be defined. Mayor Jilka commented that he could understand the Chamber of Commerce wanting to know how much funding would be available. Gina Bell, 132 W. Prescott, commented on the economic development plan of the partnership of the City of Emporia, Lyon County, and the Emporia Chamber of Commerce. She expressed the need of community teamwork and a long term growth plan. Gayle Martin, Salina Downtown, Inc., commented on the Salina Downtown's board of director's support on the election for the sales tax extension for capital improvement projects. Moved by Commissioner Divine to introduce version "B". Motion died due to lack of second. A discussion followed between Mayor Jilka, Commission Shadwick and Mr. Kissinger regarding economic development long range planning. 04-6275'' Moved by Commissioner Marrs, seconded by Commissioner Webb, to amend version "A" of the proposed ordinance to include "property tax stabilization" under the 87.5 percent category. Commissioner Shadwick noted that he was supportive, but with the understanding that it does not mean that property taxes would not be increased. Mayor Jilka commented on his opposition to the amendment, feeling that it could be misinterpreted by the voters. Commissioner Webb felt that version "A" gave the City Commission flexibility. Commissioner Divine expressed her concerns of the confusion to the voters that version "A" and Commissioner Marrs' amendment; implying that all the items listed would be funded. City Manager, Dennis Kissinger suggested changing the wording _in the ordinance from "and" to "or". Mayor Jilka suggested that the economic fund be managed by the City of Salina. 04-6276 Moved by Commissioner Marrs, seconded by Commissioner Webb, to add an amendment to the previous motion, to change the 12.5 percent proceed usage to read "establishment of a economic development fund managed by the City of Salina" and change the "and" to "or" in the 87.5 percent description. Aye: (5). Nay: (0). Motion carried. Mayor Jilka called the question of the amended motion that would amend version "A" of the proposed ordinance that specifies that 87.5 percent of the proceeds be used for general capital improvement projects, major equipment, parks and recreation capital improvement projects, debt service, property tax stabilization, or human services grants; and 12.5 percent of the proceeds to be used in the establishment of a economic development fund managed by the City of Salina. Aye: (3). Nay: (2). Divine, Jilka. Commissioner Divine expressed her support for the sales tax election, but objects to the percentage breakdown. 04-6277' Moved by Commissioner Marrs, seconded by Commissioner Webb, to introduce Ordinance No. 04-10186 on first reading submitting to the electors of the City of Salina, the question of whether a .25 percent retailers' sales tax beginning July 1, 2004, and ending June 20, 2010 should be imposed; specifying the uses of the proceeds from which shall be limited to: 87.5 percent for general capital improvement projects, major equipment, parks and recreation capital improvement projects, debt service, property tax stabilization, and human services grants; and 12.5 percent for the establishment of a economic development fund managed by the City of Salina. Aye: (4). Nay: (1) Divine. Motion carried. 3 Commission Action # (8.2) Resolution No. 04-6033 authorizing an interlocal agreement with Saline County for certain law enforcement related services. Michael Morgan, Deputy City Manager, explained the agreement and funding. City Manager Dennis Kissinger, City Attorney Greg Bengtson, and Mr. Morgan responded to Commissioner Divine and Mayor Jilka pertaining to compensation to the County for maintenance of each prisoner and prisoner security. 04-6278 Moved by Commissioner Divine, seconded by Commissioner Shadwick, to adopt Resolution No. 04-6033 . Aye: (5). Nay: (0). Motion carried. (8.3) Resolution No. 04-6039 authorizing an agreement for annual landfill engineering services with Camp Dresser and McKee, Inc. in an amount not to exceed $33,000. Michael Fraser, Director of General Services, explained that in order to comply with EPA and KDHE regulations pertaining to the operations of the landfill, certain engineering services must be performed annually. Mr. Fraser continued to explain the agreement and services provided. Dennis Kissinger, City Manager, and Shawn O'Leary, Director of Public Works, responded to Mayor Jilka regarding the cost of service from previous years and how long this vendor has been used. 04-6279 Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Resolution No. 04-6039. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution No. 04-6040 authorizing an agreement for landfill stormwater and cell grading design services with Camp Dresser and McKee, Inc. in an amount not to exceed $18,000. Michael Fraser, Director of General Services, explained that in order to comply with state and federal regulations pertaining to site management of stortnwater at the landfill, certain calculations and analysis needs to be conducted. He continued to explain that Camp Dresser and McKee, Inc. proposes to reevaluate stormwater management for the landfill site as previously completed in the 1993 Subtitle D permit application. 04-6280 Moved by Commissioner Shadwick, seconded by Commissioner Divine, to adopt Resolution No. 04-6040. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution No. 04-6042 authorizing an agreement for a vulnerability assessment of the City of Salina's water supply, water treatment, and water distribution with Camp Dresser and McKee, Inc. in an amount not to exceed $19,800. Martha Tasker, Director of Utilities, explained that the Public Health Security and Bioterriorsim Preparedness and Response Act of 2002 amended the Safe Drinking Water Act by adding Section 1433, requiring that certain community water systems conduct vulnerability assessments. Ms. Tasker continued to explain that the City of Salina is required to submit an assessment prior to June 30, 2004 and to certify completion of an Emergency Response Plan within six months of that date. City Manager Dennis Kissinger commented on the need of the vulnerability assessment. 04-6281 Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution No. 04-6042. Aye: (5). Nay: (0). Motion carried. (8.6) Resolution No. 04-6043 authorizing a license agreement with Great Plains Manufacturing, Inc. to allow use of city -owned right-of-way for installation of private utility systems. Shawn O'Leary, Director of Public Works, explained the agreement and that this agreement would replace the previous agreement that was approved by the City Commission on December 22, 2003. James Hall, Great Plains Manufacturing, Inc., commented on the agreement and thanked 11 Comtnission Action # 04-6282 city staff. Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Resolution No. 04-6043. Aye: (5). Nay: (0). Motion carried. (8.7) Approval of the 2004 Vehicles and Equipment Plan, Phase I purchases. Michael Morgan, Deputy City Manager, summarized the bids that were opened on January 21, 2004. Darrell Eastin, Fire Chief, responded to Commissioner Marrs' question regarding the bids received for the ambulance. 04-6283 Moved by Commissioner Marrs, seconded by Commissioner Shadwick, to approve the 2004 Vehicles and Equipment Plan, Phase I purchases. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Commissioner Divine recommended staff meet with the Acting County Planner to bring her up to date on the comprehensive plan and urban service agreements. ADJOURNMENT 04-6284Moved 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 5:38 p.m. Alan E. Jilka ayor [SEAL] A TEST: Li Lieu Ann Elsey, City A�Cle I