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05-03-2004 MinutesCommission Action # 04-6387 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 3, 2004 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for reports on South Ninth Street Issues and Soccer Complex Issues and Options. 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 Monte Shadwick, Chairman presiding Commissioner Deborah P. Divine Commissioner Alan E. Jilka Commissioner Donnie D. Marrs 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 None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The day of May 6, 2004 as "A Day of Prayer" in the City of Salina. Roberta Huseman, Chairman, read the proclamation and announced upcoming events. (4.2) The week of May 3 — 9, 2004 as "National Historic Preservation Week" in the City of Salina. Mary Douglass, Heritage Commission member, 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 April 26, 2004. (6.2) Resolution No. 04-6070 authorizing a cancellation agreement with Harold and Rachel Morrison, Trustees under the Rachel Morrison Trust No. 1 relating to the current lease and purchase of certain real estate. Moved by Commissioner Webb, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 04-10200 approving the issuance of general obligation bonds by the Salina Airport Authority, in an amount not to exceed $3,555,000, for the purpose of financing the cost of certain capital improvements located at the Salina Airport Industrial Center. Commission Action # 04-638 04-6390 04-6391 Mayor Shadwick reported that Ordinance No. 04-10200 was passed on first reading on April 26, 2004 and since that time no comments have been received. Moved by Commissioner Marrs, seconded by Commissioner Divine, to adopt Ordinance No. 04-10200 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.2) First reading Ordinance No. 04-10201 ordering the acquisition of fee simple title to certain real estate for the purpose of constructing the North Ohio Street Overpass Project. Greg Bengtson, City Attorney, explained that staff believes that negotiations with the owners of tract 9 have progressed to a point that the public interest is best served by initiating the eminent domain procedure under Kansas law. Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance No. 04-10201 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) Report on the 2004 Community Development Block Grant application for the Salina Cares Health Clinic. Judy Brengman, Neighborhood Services Coordinator, explained that in September of 2003 staff was directed to assist with the preparation of an application on behalf of the Salina Cares Health Clinic. Ms. Brengman continued to explain that the Salina Cares Health Clinic board and Smoky Hill Family Practice Residency Program board combined and applied for Federally Qualified Community Health Center status; therefore due to the recent changes, the City of Salina would be unable to accepted the grant award. Ms. Brengman then responded to Commissioner Divine on contacting the Kansas Department of Commerce on modifying the grant application to fit the circumstances. Chuck Allred, representing Salina Cares Health Clinic and Smokv Hill Family Practice Residency Program, commented that at the time they were applying for the grant the status of Salina Cares Health Clinic was unknown. Mr. Allred thanked staff for their work on the grant. Moved by Commissioner Marrs, seconded by Commissioner Webb, to authorize the Mayor to send a letter of response to the Kansas Department of Commerce regarding Grant No. 04 -PF -163 declining the grant funds. Aye: (5). Nay: (0). Motion carried. (8.4) Consider adoption of City Housing Rehabilitation Program guidelines. Judy Brengman, Neighborhood Services Coordinator, explained that the City of Salina has actively promoted the preservation of housing stock in low-income neighborhoods by the use of Community Development Block Grants and HOME Home Owner Housing Rehabilitation funds. Ms. Brengman then summarized the proposed guideline changes. Ms. Brengman also responded to Commissioner Webb regarding the average repair cost. Moved by Commissioner Divine, seconded by Commissioner Marrs, to approve the guideline changes as proposed by staff. Aye: (5). Nay: (0). Motion carried. (8.5) Consider project scope and financing for the North Ohio Grade Separation project (Project No. 00-1248). Dennis Kissinger, City Manager, explained that preliminary plans and cost estimates have been completed for the project and plans have been provided to the City Commission in prior study sessions. Jean McArthur, 3 McArthur Lane, commented on her opposition on purchasing the towers. Ms. McArthur expressed the need of restaurants, hotels, and amusement parks to bring people to Salina. William `Cork' Umphrey, 2347 Edgehill Rd., expressed his opposition on purchasing the towers and was concerned on the cost to maintain them. Commission Action # 04-63921 04-6393 James O'Shea, 2314 Hillside Drive, expressed his opposition on the purchase of the j towers. Mr. O'Shea commented that he felt the funds should be used to hire more police officers, j purchase fire equipment, and maintenance of existing streets. Merlin Stephens, 340 Maple, commented on his opposition of the towers and felt the funds should be used on street improvements. Lawrence McDowell, 902 Mellinger Drive, commented on his opposition of the towers. Mr. Kissinger responded to Commissioner Jilka's inquiry regarding the possibility of constructing the project in phases. A discussion followed between the Commissioners on the public art policy. Commissioner Marrs commented on the additional landscaping elements and landscaping maintenance. Commissioner Marrs noted his opposition of the towers and the need to monitor expenditures and questioned the appropriateness of the towers. Commissioner Divine stated that the commitment of the public art is important to the integrity of the policy. Commissioner Divine felt that aesthetics were important to the community. She continued to state that she saw the towers as beacons, that would improve Salina's entryways and as an economic development tool. Mayor Shadwick commented on the commitment of the public art, but noted that some changes may be needed due to the cost estimates received. Mayor Shadwick felt that the goal of improving the entryways could be achieved without the beacons. Commissioner Webb commented that Salina is a unique, cutting edge community and has many features of larger communities. Commissioner Webb felt that the public art elements are important. Commissioner Marrs expressed his feeling of the appropriateness of using tax dollars to fund the towers. He suggested the funding should come from a public partnership and not totally rely on government funds. Commissioner Jilka commented on the public art policy, and would support private partnership funding, but felt the city had the ability to accomplish their goals. Commissioner Divine expressed her feeling of the importance to have funds committed from the beginning of the project, and public involvement. Moved by Commissioner Divine, seconded by Commissioner Webb, to proceed with the project as presented. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Marrs to amend the motion to eliminate the towers. Motion died due to lack of second. Mayor Shadwick called the question. Aye: (3) Divine, Jilka, Webb. Nay: (2) Marrs, Shadwick. Motion carried. (8.6) Report on filing of the appraiser's report on property at Ohio and Pacific. Greg Bengtson, City Attorney, explained that the panel of appraisers in the eminent domain proceedings for the property located at the southwest corner of Ohio and Pacific filed a report with the court and determined a fair market value of $670,000. Mr. Bengtson noted that legal review would be undertaken in an attorney-client executive session on May 17, 2004. (8.7) Request for executive session (personnel). Moved by Commissioner Marrs, seconded by Commissioner Webb, to remove the request Commission Action # 04-639, for executive session from the agenda. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS None. ADJOURNMENT Moved by Commissioner Jilka, seconded by Commissioner Webb, that the Regular j Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:03 p.m. Deborah P. Divine, Acting Mayor [SEAL] ATTEST: a-�Y'? Penny DayCity erk