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.
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Commission
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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.
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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.
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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.
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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.
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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
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