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06-07-2004 MinutesCommission Action # 1 1 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 7, 2004 4:00 p.m. 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. The City Commission also convened at 5:00 p.m. in a Study Session on the City budget and special sales tax planning. 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 CITIZEN FORUM Larry Doner, 1321 Arlington Drive, commented on his opposition of the placement of the soccer fields to be located at Bill Burke Park. Mr. Doner also presented the Commission with signatures of the surrounding property owners opposing the fields, and urged the Commission to reconsider their decision. Merlin Stephens, 340 Maple Avenue, commented on the survey that was conducted by the Salina Journal on vicious dogs. Mr. Stephens felt that the survey did not reflect a true poll and suggested the city ban all breeds of dogs. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of May 24, 2004. (6.2) Resolution No. 04-6081 initiating proceedings for the construction and improvement of certain Park and Recreation facilities in the City of Salina. (6.3) Award of contract for the Markley and Sunset Water Towers Maintenance, Project No. 04- 1427 to Cunningham Sandblasting & Painting Company, Inc. in the amount of $75,321. (6.4) Resolution No. 04-6083 authorizing a license agreement with BEA/BURR/LEE Development Company for the private sanitary sewer line in a public right-of-way located adjacent to 1221-A East Iron Avenue. (6.5) Resolution No. 04-6084 authorizing a license agreement with Vanier Properties for the installation of a private irrigation well line within a public right-of-way and to connect to the public storm sewer system. (6.6) Authorize Supplemental Agreement No. 2 with Wilson and Company for providing preliminary site concepts and layouts for soccer field improvements at Bill Burke Park, in an amount not to exceed $15,792. Page 1 Commission Action # w-sodaaieo-ss,�a 04-642. 1 04-6421 04-642' Ll 04-6426 04-64271 04-64281 iJ agenda. Commissioner Divine requested that Item 6.4 and 6.5 be removed from the consent Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the remaining items on the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Brad Johnson, City Engineer, and Shawn O'Leary, Director of Public Works, responded to Commissioner Divine's questions regarding the sewer line in item 6.4. City Attorney, Greg Bengtson commented on the indemnification and the liability insurance requirements of the license agreements. Moved by Commissioner Divine, seconded by Commissioner Jilka, to adopt Resolution No. 04-6083. Aye: (5). Nay: (0). Motion carried. Shawn O'Leary, Director of Public Works responded to Commissioner Divine's questions regarding the irrigation well line and if there was sufficient space. Moved by Commissioner Divine, seconded by Commissioner Marrs, to adopt Resolution No. 04-6084. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Second reading Ordinance No. 04-10203 amending Section 36-74.1 of the Subdivision Regulations to increase the minimum right-of-way and paving width requirements for public residential streets and cul-de-sacs. Mayor Shadwick noted that Ordinance No. 04-10203 was passed on first reading on May 24, 2004 and since that time no comments have been received. Moved by Commissioner Webb, seconded by Commissioner Jilka, to adopt Ordinance No. 04-10203 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.2) Resolution No. 04-6080 authorizing the offering for public sale of General Obligation Temporary Notes and Bonds, Series 2004-1, 2004-2 and 2004-B. (8.2b) First reading Ordinance No. 04-10205 authorizing the issuance and delivery of General Obligation Bonds, Series 2004-B. Rodney Franz, Director of Finance and Administration, explained the issuances. Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Resolution No. 04-6080. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to pass Ordinance No. 04-10205 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) First reading Ordinance No. 04-10204 amending Chapter 2, Article X of the Salina Code pertaining to Salina Businesses Improvement District Design Review Board. Dean Andrew, Director of Planning and Community Development, explained the proposed amendments. Mayor Shadwick then commented on the administrative review process and the elimination of a review for routine maintenance. Mayor Shadwick also questioned Mr. Andrew on the full review required for window or wall signs greater than two square feet and historic Page 2 Commission Action # 1 1 04-64 04-643( 04-6431 04-64321 04-6433 04-6434 preservation. A discussion followed between Commission Marrs and Mr. Andrew regarding the proposed Section 2-208, historic preservation and notification of property owners in the business improvement district. Gayle Martin, Salina Downtown, Inc. clarified that the fifteen major businesses were contacted regarding the proposed revisions and the revisions have been published twice in the Salina Downtown newsletter. Commissioner Marrs commented on the importance of the property owners' input on the amendments, clarifying that both the property owners and business owners should be notified. Moved by Commissioner Divine, seconded by Commissioner Jilka, to pass Ordinance No. 04-10204 on first reading and schedule the second reading for July 12, 2004 and direct staff to work with Salina Downtown to receive input from the property owners and business owners in the Salina Downtown District. Aye: (5). Nay: (0). Motion carried. (8.4) Award of contract for the Ninth Street Mill and Overlay, Project No. 04-1435. Brad Johnson, City Engineer, explained the project, bids received, and project funding. Moved by Commissioner Divine, seconded by Commissioner Marrs, to award the contract for the Ninth Street Mill and Overlay, Project No. 04-1435 to Ritchie Paving in the amount of $312 698 20 . . Aye. (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Dennis Kissinger, City Manager, gave a brief update on the status of the vicious dog issue and ordinance as requested by Commissioner Jilka. (8.5) Request for executive session. Moved by Commissioner Jilka, seconded by Commissioner Marrs, to recess into executive session for 15 minutes to discuss preliminary matters pertaining to the acquisition of real estate and matters subject to the attorney-client privilege for the reason that public discussion would adversely affect the City's position in relation to acquisition of the real estate and would waive the attorney- client privilege; and reconvene at 4:55 p.m. Aye: (5). Nay: (0). Motion carried. p.m. The City Commission recessed into executive session at 4:40 p.m. and reconvened at 4:55 Moved by Commissioner Jilka, seconded by Commissioner Divine, to authorize the City Manager and City Attorney to prepare and enter into an agreement to acquire Tract 3 for the North Ohio Overpass Project for a purchase price of $62,500. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Webb, seconded by Commissioner Jilka, to authorize the City Manager and City Attorney to prepare and enter into an agreement to acquire Tract 5 for the North Ohio Overpass Project for a purchase price of $49,000. Aye: (5). Nay: (0). Motion carried. ADJOURNMENT Moved by Commissioner Divine, seconded by Commissioner Webb, that the Regular Meeting of the Board of Commissioners be adjourned. Ave: (5) Na • (0) M t' meeting adjourned at 4:55 p.m. [SEAL] AT EST: 7a�� Lieu Ann Elsey, City Clerk y. o ion %, ed. The A'Z )onte Shadwick, Mayor Page 3