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06-28-2004 MinutesCommission Action # 1 C11=o�1d,t11 X111 04-6450 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS June 28, 2004 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a presentation by the Salina Area Chamber of Commerce and Salina Airport Authority representatives regarding the planning for the new Economic Development fund. 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: Michael Morgan, Deputy City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: Dennis Kissinger, City Manager CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of June 21, 2004. (6.2) Resolution No. 04-6088 authorizing a Special Warranty Deed in relation to Coronado Engineering, Inc., Industrial Revenue Bonds, Series 1997. (6.3) Authorize the 2004 — 2005 Comprehensive Insurance renewal. (6.4) Resolution No. 04-6087 authorizing an estoppel agreement with Pinnacle Towers Acquisition L.L.C. for the cell tower site. Commissioner Divine requested that Item 6.4 be removed from the consent agenda. Moved by Commissioner Divine, seconded by Commissioner Webb, to approve Items 6.1 through 6.3 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Greg Bengtson, City Attorney, responded to Commissioner Divine's and Commissioner Marrs' questions regarding the proposed agreement with Pinnacle Towers Acquisition, L.L.C., the current lease agreement with Centerpointe Towers, and certification requirements. Moved by Commissioner Divine, seconded by Commissioner Marrs, to postpone the consideration of Resolution No. 04-6087 until July 12, 2004. Aye: (5). Nay: (0). Motion carried. Page 1 Commission Action # I I C 04-6451 04-6452 DEVELOPMENT BUSINESS (7.1) Authorize staff to draft annexation and special assessment consent agreements with individual property owners on West Grand Avenue and authorize the waterline project to be added to the 2004 Capital Improvement Program. Michael Morgan, Deputy City Manager, explained that staff has prepared a phase one preliminary plan to provide adequate water pressure for fire protection for properties on West Grand. Mr. Morgan continued to explain that the estimated cost of the project is approximately $165,000 and $93,000 would be received from three property owners who have voluntarily requested annexation and have agreed to pay their assigned share. Moved by Commissioner Webb, seconded by Commissioner Divine, to authorize staff to draft annexation and special assessment consent agreements with individual property owners on West Grand Avenue and authorize the waterline project to be added to the 2004 Capital Improvement Program. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance No. 04-10210 determining that pit bull dogs are uniquely dangerous dogs and prohibiting their ownership and possession in the city limits, with certain exceptions. Mayor Shadwick noted that Ordinance No. 04-10210 was passed on first reading on June 21, 2004. Michael Morgan, Deputy City Manager, explained the changes to the muzzling requirements and the color requirement for the special collar. Mr. Morgan also explained that Section 2 of the ordinance has been clarified to recognize circumstances in which non-residents may possess pit bull dogs within the city limits on a temporary basis. He then noted that staff has verified that standard homeowners and renters insurance policies are available in Salina from insurance firms which do not have their own breed -specific policy restrictions. Mr. Morgan then responded to questions from Commissioner Jilka and Commissioner Webb on the special permit. Anita Gilbreath, 1012 N. 8t' Street, questioned the City Commission and city staff on leash and kennel requirements. Ms. Gilbreath suggested monthly educational classes for pit bull owners, volunteering staffing at the animal shelter, and transferring unwanted pit bulls to pit bull rescue organizations. She felt that the liability insurance requirement was reasonable, but needed to be extended to all dog owners. Mr. Morgan and Rose Base, Animal Shelter Director, responded to Ms. Gilbreath's questions regarding leash and kennel requirements. Ms. Base also noted that the Animal Shelter has a dog park available for citizen use. Debbie Corrales, 124 E. Charlotte, commented on her opposition on the ban, but felt the breed needed to be regulated. Tara Dicken, Chapel Ridge Apartments, expressed her support of the ordinance. Nick Amont, 617 '/2 Oakdale Dr., Apt. #3, expressed his support of the ordinance. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No. 04-10210 on second reading. A roll call vote was taken. Aye: (4) Jilka, Marrs, Webb, Shadwick. Nay: (1) Divine. Motion carried. (8.2) Authorize purchase of Animal Shelter Management software from Multiple Options, Inc. Rodney Franz, Director of Finance and Administration, explained operations that are currently in place, features of the new software, and software agreement. Mr. Franz then responded Page 2 Commission Action # ca„oLaa,M 04-6455 04-645 1 to Commissioner Divine's questions regarding travel expenses relating to the installation and training of the software and other hardware that would be required. Moved by Commissioner Webb, seconded by Commissioner Jilka, to authorize the purchase of Animal Shelter Management software from Multiple Options, Inc. Aye: (5). Nay: (0). Motion carried. (8.3) Award contract for the 2004 Subdivision Improvements, Cedar Ridge Addition, Project No. 03-1422. Brad Johnson, City Engineer, explained the project, bids received, and project financing. Moved by Commissioner Jilka, seconded by Commissioner Divine, to award the contract for the 2004 Subdivision Improvements, Cedar Ridge Addition, Project No. 03-1422, to Smoky Hill, L.L.C. in the amount of $908,100.05. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Greg Bengtson, City Attorney, reported that the County Commissioners had recently adopted a resolution regarding the proposed issuance of revenue bonds for Crestwood, Inc. Moved by Commissioner Divine, seconded by Commissioner Webb, to support the issuance of Industrial Revenue Bonds for Crestwood, Inc. Aye: (5). Nay: (0). Motion carried. (9.2) Shawn O'Leary, Director of Public Works, responded to Commissioner Divine's questions regarding the Lakewood Historical Bridge project. ADJOURNMENT Moved by Commissioner Jilka, seconded by Commissioner Marrs, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 4:38 p.m. [SEAL] ATTEST: Penny Day puty Cit lerk - Mmte S+mdwick,-Mayor- Deborah Divine, Vice -Mayor Page 3