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05-17-2004 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 17, 2004 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for Preliminary City Commission discussion regarding Special Sales Tax (C.I.P. Process, Economic Development Fund Process, and Miscellaneous). 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 22, 2004 as "Free Speech Day" in the City of Salina. Paul Archer, Community Access Television of Salina, Inc. Executive Director read the proclamation and announced upcoming events. (4.2) The week of May 17 — 22, 2004 as "National Public Works Week" in the City of Salina. Sandee Stainbrook, Household Hazardous Waste Coordinator, read the proclamation and announced upcoming events. (4.3) John Walters, President of Walters -Morgan Construction Company, commented on the Water Plant improvements, public arts, and overall project. Jerry Meyer presented the Mayor with an APWA project of the year award in the $2 - $10 Million — Environment category. Bob Hall also presented a Kansas Contractors Award to the Mayor for the project. Shawn O'Leary, Director of Public Works also thanked the former Director of Utilities Don Hoff for his involvement of the project. (4.4) Troy Eisenbraun, Vice -President of Wilson & Company, presented the Mayor with an award for the South Ninth Street, Phase III project. (4.5) Mayor Shadwick presented a plaque of appreciation to youth representative Nicholas Pool, Arts and Humanities Commission. Mayor Shadwick also thanked Sally Maxwell, Parks and Recreation Advisory Board, who was unable to attend. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. Page 1 Commission Action # 04-6401 04-6402 04-6403 04-6405 CONSENT AGENDA (6.1) Approve the minutes of May 10, 2004. (6.2) Resolution No. 04-6075 authorizing an agreement with Ottawa County Rural Water District No. 2 for the acquisition of facilities located within an area along North Ohio Street annexed by the City of Salina. (6.3) Resolution No. 04-6077 authorizing a license agreement with Country Club Heights Neighborhood Association for installation for a flagpole and ground light in the island located at the intersection of Crestview Drive, Greenway Road, and Overhill Road. Moved by Commissioner Divine, seconded by Commissioner Webb, to remove Item 6.2 from the consent agenda and approve the remaining items as presented. Aye: (5). Nay: (0). Motion carried. Shawn O'Leary, Director of Public Works, responded to Commissioner Divine's questions regarding the rural water district's water main installation standards and the district water source. Moved by Commissioner Divine, seconded by Commissioner Jilka., to adopt Resolution No. 04-6075. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #A04-4, filed by Salina Economic Development Corporation, requesting annexation of a 45.25 acre tract of land located north of Water Well Road and east of the Union Pacific Railroad tracks. (First reading Ordinance No. 04-10202). (7.1 a) Resolution No. 04-6076 authorizing an annexation agreement with Salina Economic Development Corporation relating to the annexation of a tract of land located north of Water Well Road, east of the Union Pacific Railroad tracks. Michael Morgan, Deputy City Manager, explained the request and infrastructure improvements. Mr. Morgan also noted that the annexation request was not presented to the Planning Commission because there was not a request to change the zoning. The property is currently zoned IH and would remain the same. Mr. Morgan and Dean Andrew, Director of Planning and Community Development, responded to Commissioner Divine pertaining to land that was not included in the request and future benefit districts. Mr. Andrew then responded to Commissioner Marrs' question regarding current zoning for the surrounding area. Moved by Commissioner Marrs, seconded by Commissioner Webb, to pass Ordinance No. 04-10202 on first reading. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution No. 04-6076. Aye: (5). Nay: (0). Motion carried. (7.2) Update on storm drainage and sanitary sewer infrastructure plans for the area between Schilling and Water Well Roads, west of Ohio Street and east of the Union Pacific Railroad tracks. Michael Morgan, Deputy City Manager, outlined the infrastructure: improvements. Moved by Commissioner Webb, seconded by Commissioner Divine, to authorize staff to continue plans and work towards scheduling storm drainage and sanitary sewer infrastructure projects. Aye: (5). Nay: (0). Motion carried. Page 2 Commission Action # 04-6406 04-6407 ADMINISTRATION (8.1) Resolution No. 04-6071 finding as to the advisability and authorizing; improvements in the Cedar Ridge Addition. Brad Johnson, City Engineer, explained Petition No. 4250, the feasibility report, and financing plan. Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Resolution No. 04- 6071. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 04-6078 appointing youth members to the Arts and Humanities Commission and the Parks and Recreation Advisory Board. Mayor Shadwick announced that Katie Bengtson has been appointed to the Arts and Humanities Commission and Joe Rollins to the Parks and Recreations Advisory Board. Moved by Commissioner Divine, seconded by Commissioner Jilka., to adopt Resolution No. 04-6078. Aye: (5). Nay: (0). Motion carried. (8.3) Request for Kansas Army National Guard representative to address the City Commission. Jim Oliver addressed the City Commission with a request for financial support of $2,000 for each unit for armory support. Mayor Shadwick thanked Mr. Oliver for all their support they provide. Mr. Oliver responded that there were a total of three units as requested by Commissioner Divine. (8.4) Further discussion by City Commissioners on the North Ohio Street Corridor project Commissioner Jilka commented on a compromise solution of funding the tower privately, need of public art, how it can help economic development, and the ability to raise funds over the next three years. Commissioner Marrs noted that the towers were only a small portion of the aesthetics. A brief discussion followed between Mayor Shadwick and Commissioner Marrs regarding the additional landscaping and towers. Tom Ward, 676 S. Tenth Street, commented on his support of public art. He then provided the Commission photos of examples of public art. Mr. Ward then commented that he did not feel that the towers were art and should have had a design developed by local artists or by conducting a contest. George Montis, 1233 Louise Lane, commented on his opposition of the towers and concerns regarding the cost of future maintenance of them. Bill Medina, 211 E. Walnut, expressed his support for the towers. He noted that he felt that Salina is a community that "thinks outside the box". Mr. Medina also commented on the need for a better job of educating the public on future projects and public art. Bernard Wojcik, commented that the towers would remind the public of the 9-11 tragedy and should not be put up. He also expressed his concerns of the cost of building and maintaining the towers. Brad Anderson, 636 E. Iron, expressed his support for the towers and community involvement in the design. Mr. Anderson noted that project is within the budget and the public art cost is small compared to other communities. Page 3 Commission Action # Connie Johnson, 738 Victoria Heights Terrace, commented on the need for inviting entryways, but was opposed to the towers. Ms. Johnson felt that the towers did not reflect the past, present, or future of Salina. Sheldon Wally, representing the Chamber of Commerce, read the position statement adopted by the Chamber of Commerce in support of a community art and design program. Sidney Schultz, 1218 E. Ellsworth, felt that the towers should be privately funded. Elvera Riggs, 1216 Arlington Drive, expressed her opposition of the towers and did not think that they represented Salina. Guy Reinbold, 715 Neal, commented on his opposition of the towers and redesigning the project. He also questioned the financing of the public art. Dorothy Mead, 1101 N. Tenth Street, commented on the need for the overpass, but was in opposition of the towers and benches. Merlin Stephens, 340 Maple, expressed his opposition of the towers. Shawn O'Leary, Director of Public Works, then responded to Mr. Stephens questions pertaining to the project cost breakdown, landscaping, project funding, and the project bidding. p.m. Mayor Shadwick requested that the Commission break for five minutes and return at 5:30 The City Commission recessed at 5:25 p.m. and reconvened at 5:30 p.m. Ellen Morgan, 9 Tenlawns Place, commented on the Commission's goal to enhance the entryways and her support of the towers. Mike Zerbeck, 151 S. Ninth Street, expressed his opposition of the towers and the need for citizens to vote. Michael Spicer, 2515 Argonne Drive, commented that public art is controversial, but enhances the community and is essential. Commissioner Marrs commented on his opposition of the towers. Dennis Kissinger, City Manager, summarized the action that was taken by the Commission at the May 10, 2004 meeting. Nina Heitsman, 831 Commanche, commented on her opposition of the towers. Commissioner Jilka commented of his support on the design of the project, but felt that the towers should be privately funded. Commissioner Divine noted that the City Commission voted on the final design of the project, and would hate to hold up the process to wait on private funding. Commissioner Divine commented that the aesthetic elements are within the budget and the costs of right-of-way acquisitions have increased the project cost. Commissioner Marrs noted that $218,000 was budgeted for the gateway towers and the estimated cost is $262,000. A discussion followed between the Commission and Troy Eisenbraun, Wilson & Company, pertaining to the project cost breakdown, cost estimates, and importance of the public art process to be included in the project from the beginning. Moved by Commissioner Jilka, seconded by Commissioner Marrs, to separate the tower portion from the financing plan and direct the Arts and Humanities Commission to conduct the funding raising of private funds to finance the towers. Page 4 Commission Action # 04-6409 04-6410 04-6411 04-6412 04-6413 Commissioner Webb expressed that he felt that the public art element should be publicly funded. Commissioner Webb continued to state that Ohio Street is a gateway that is being used; therefore the project should be completely funded with public funds. Commissioner Jilka felt that by having private funding, it would be a compromise in getting the whole project built. Dennis Kissinger, City Manager, clarified that the motion would only relate to the construction of the towers and would not include the final design stage. Commissioner Webb commented that the aesthetics design cost is included in the survey and design costs. Commissioner Divine commented that public art is a component of the project, and public art should be funded with public funds. Commissioner Jilka clarified that the motion would not include the cost of the additional landscaping. Mayor Shadwick called the question. Aye: (3). Nay: (2) Divine, Webb. Motion carried. (8.5) Request for executive session (legal and real estate). Moved by Commissioner Webb, seconded by Commissioner Jilka, to recess into executive session for ten minutes to discuss with the City Attorney a matter subject to the attorney client privilege for the reason public discussion would waive that privilege and 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 potentially acquire the subject real estate. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:01 p.m. and reconvened at 6:11 p.m. Moved by Commissioner Jilka, seconded by Commissioner Marrs., that the City acquire what has been identified as Tract 10 for the North Ohio Overpass Project by paying into the Clerk of the District Court the award of the court-appointed panel of appraisers in the amount of $670,000 plus the court -approved appraisers' fees of $2,200 per appraiser for the total of $676,600; and to authorize the City Manager and City Attorney to address all matters pertaining to the transition of ownership and possession of the property. Aye: (5). Nay: (0). Motion carried. (8.6) Request for executive session (personnel). Moved by Commissioner Webb, seconded by Commissioner Jilka, to recess into executive session for 15 minutes to discuss a matter pertaining to non -elected city personnel for the reason that public discussion of the matter would violate the privacy rights of the non -elected city personnel involved; and reconvene at 6:29 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:14 p.m. and reconvened at 6:29 p.m. Moved by Commissioner Webb, seconded by Commissioner Divine, to reconvene into the current executive session for an additional ten minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into the current executive session at 6:29 p.m. and reconvened at 6:39 p.m. Moved by Commissioner Marrs, seconded by Commissioner Webb, to reconvene into the current executive session for an additional ten minutes. Aye: (5). Nay: (0). Motion carried. Page 5 Commission Action # 04-6414 The City Commission recessed into the current executive session at 6:39 p.m. and reconvened at 6:49 p.m. No action was taken. 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 6:49 p.m. [SEAL] ATTEST: Lieu Arm Elsey, CityC M/j4eu onte Shadwick, Mayor Page 6