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04-19-2004 Minutes OrganizationalCommission Action # 04-6364 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 19, 2004 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizen's Open 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 Alan E. Jilka, Chairman presiding Commissioner Monte 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: Commissioner Deborah P. Divine Commissioner Donnie D. Marrs CITIZEN FORUM Melanie Terrell, 850 S. Eighth Street, commented on the city surplus property located at 130 W. Prescott. She had noted that Jim Foley was interested in purchasing the property in the historical district. Ms. Terrell questioned if there were any historical grants and the status of the future land use in the Hospital -Medical district. AWARDS - PROCLAMATIONS (4.1) The day of April 30, 2004 as "Arbor Day" in the City of Salina. Nolan Sump, Tree Advisory Board member, read the proclamation. (4.2) The week of April 18 — 24, 2004 as "National Volunteer Week" in the City of Salina. Nancy Klostermeyer, Director of The Volunteer Connection, read the proclamation. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 12, 2004. (6.2) Accept recommendation from the B.I.D. Board of Advisory and authorize staff to proceed with communication and general collection process for significantly delinquent service fee accounts. Moved by Commissioner Shadwick, seconded by Commissioner Webb, to approve the consent agenda as presented. Aye: (3). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 04-10192 authorizing the issuance and delivery of $5,585,000 principal amount of General Obligation Refunding Bonds, Series 2004-A. (8.1 a) Resolution No. 04-6068 prescribing the form and detail of and authorizing the Commission Action # 04-6365 04-63 04-6367 1' • • E 04-6370 04-6371 04-6372 delivery of $5,585,000 principal amount of General Obligation Refunding Bonds, Series 2004-A. Rod Franz, Director of Finance and Administration, explained that the bond issuance would refund series 1995-A, 1996-A, 1997-A, 1998-A, 1999-A, and 2000-A. Mr. Franz continued to explain that the refunding bonds were marketed on April 15, 2004 and the true interest calculation on the bonds yields a rate of 3.0885956%, with a value benefit of approximately $79,000. Dave Arteberry, George K. Baum Company, was available for questions. Moved by Commissioner Shadwick, seconded by Commissioner Webb, to adopt Ordinance No. 04-10192 on second reading. A roll call vote was taken. Aye: (3) Shadwick, Webb, Jilka. Nay: (0). Motion carried. Moved by Commissioner Webb, seconded by Commissioner Shadwick, to adopt Resolution No. 04-6068. Aye: (3). Nay: (0). Motion carried. (8.2) Second reading Ordinance No. 04-10197 ordering the acquisition of fee simple title to certain real estate for the purpose of constructing the North Ohio Overpass Project. Mayor Jilka reported that Ordinance No. 04-10197 was passed on first reading on April 12, 2004 and since that time no comments have been received. Moved by Commissioner Webb, seconded by Commissioner Shadwick, to adopt Ordinance No. 04-10197 on second reading. A roll call vote was taken. Aye: (3) Shadwick, Webb, Jilka. Nay: (0). Motion carried. (8.3) First reading Ordinance No. 04-10198 relinquishing a reservation of rights relating to a public sewer line. (8.3a) Declare an emergency exists for second reading on the same day. (8.3b) Second reading Ordinance No. 04-10198. Brad Johnson, City Engineer, explained that in 1953 the City Commission approved the vacation of a 15 -foot wide alley in Block 4 of the North Park Addition with the condition the City Commission "Reserved the Right" to maintain a public sewer line with the limits of the vacated alley. Mr. Johnson continued to explain that the owner of the tract is proposing to terminate the existing sewer line in the right-of-way for Lincoln Avenue, which eliminated the need for the reservation. Moved by Commissioner Shadwick, seconded by Commissioner Webb, to pass Ordinance No. 04-10198 on first reading. Aye: (3). Nay: (0). Motion carried. Moved by Commissioner Webb, seconded by Commissioner Shadwick, to declare an emergency exists for second reading on the same day. Aye: (3). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Webb, to adopt Ordinance No. 04-10198. A roll call vote was taken. Aye: (3). Nay: (0) Shadwick, Webb, Jilka. Motion carried. (8.4) Request for executive session (legal). Moved by Commissioner Webb, seconded by Commissioner Shadwick, to recess into executive session for 10 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 4:32 p.m. Aye: (3). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:22 p.m. and reconvened at 4:32 p.m. Moved by Commissioner Webb, seconded by Commissioner Shadwick, that the City Attorney be directed to prepare and the City Manager be authorized to sign a contract on behalf of the City of Salina with Hoff Machine and Welding, Inc. for the purchase of 629 ]v. Ohio Street for the purchase price of $478,200. Aye: (3). Nay: (0). Motion carried. Commission Action # 04-6373 04-6374 04-6375 OTHER BUSINESS (9.1) Comments from Mayor Jilka at the end of his Mayor term. Mayor Jilka thanked the citizens of Salina and said that it was a great honor and privilege to serve. Mayor Jilka thanked LaDonna Bennet, City Manager's office staff, his parents, the employees of Jilka Furniture, and fellow City Commissioners. He noted that when he assumed the office of Mayor, there were some financial uncertainties; however the City Manager and city employees have done a good job of managing the budget with slight effects. ORGANIZATIONAL MEETING (10.1) Lieu Ann Elsey, City Clerk, called the April 19, 2004 Organizational Meeting to order and roll call was taken. Those present were: Commissioner Jilka Commissioner Shadwick Commissioner Webb Absent: Commissioner Marrs and Commissioner Divine. (10.2) Ms. Elsey called for nominations for Mayor and Chairman of the Board of Commissioners. Moved by Commissioner Webb, seconded by Commissioner Jilka, to nominate Commissioner Shadwick as Mayor and Chairman of the Board of Commissioners. Aye: (3). Nay: (0). Motion carried. (10.3) Ms. Elsey called for nominations for Acting Mayor and Vice -Chairman of the Board of Commissioners. Moved by Commissioner Shadwick, seconded by Commissioner Webb, to nominate Commissioner Divine as Acting Mayor and Vice -Chairman of the Board of Commissioners. Aye: (3). Nay: (0). Motion carried. (10.4) Ms. Elsey turned the gavel over to Mayor Shadwick. (10.5) Mayor Shadwick presented a "Plaque of Appreciation" and gavel to Commissioner Jilka for his term as Mayor from April 14, 2003 to April 19, 2004. (10.6) Mayor Shadwick noted that he would postpone his Mayor comments until April 26, 2004 when all Commissioners are present. ADJOURNMENT Moved by Commissioner Webb, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried. The meeting adjourned at 4:39 p.m. /MVont4e.Shadwick, Mayor [SEAL] ATTEST: Lieu Ann Elsey, City erk