10-11-2004 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
October 11, 2004
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for a C.I.P./Sales Tax Discussion. 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 October 13, 2004 as "Emergency Nurses Day" and the week of October 10 —
16, 2004 as "Emergency Nurses Week" in the City of Salina. Emma Dorherty, Director of Emergency
Services, read the proclamation and announced upcoming events.
(4.2) The month of October 2004 as "National Arts and Humanities Month" in the City of
Salina. Linda Smith, Arts & Humanities Commissioner, 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 September 27, 2004.
(6.2) Approve a 5% fee increase in fees paid by the City of Salina for yard waste disposal with
Kanza Organics beginning January 1, 2005.
(6.3) Table consideration of an amendment to the City of Salina Comprehensive Plan to create
a new Hospital -Medical land use category as part of the Salina's future land use plan until November
1, 2004.
(6.4) Award of bid of a police motorcycle to Harley Davidson of Salina in the amount of
$13,054.
(6.5) Award of bid for two snowplows to Midwest Truck Equipment in the amount of $13,950.
(6.6) Award of contract for the waste oil heater to AVC Sales & Service in the amount of
$8,375.
Dennis Kissinger, City Manager, responded to Commissioner Divine's question regarding
the monthly fee paid to Kanza Organics.
Moved by Commissioner Divine, seconded by Commissioner Webb, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Resolution No. 04-6124 authorizing an annexation agreement with the Elks Home
Association relating to the annexation of a portion of the Elks Country Club located at the south end
of Marymount Road.
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(7.1 a) Second reading Ordinance No. 04-10240 annexing a 10.22 acre portion of the
Elks Country Club.
Michael Morgan, Deputy City Manager, explained the request and agreement.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Resolution No.
04-6124. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to pass Ordinance No.
04-10240 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(7.2) Resolution No. 04-6123 directing and ordering the public hearing on the advisability of
improvements of South Marymount Road between Cedar Ridge Drive and RiverRun Drive.
Brad Johnson, City Engineer, explained the project, project cost, and financing. Mr.
Johnson also responded to Commissioner Divine's question regarding the project schedule.
Moved by Commissioner Marrs, seconded by Commissioner Divine, to adopt Resolution
No. 04-6123. Aye: (5). Nay: (0). Motion carried.
(7.3) First Reading Ordinance No. 04-10243 requesting to vacate the temporary roadway
easement in the Cedar Ridge Addition.
(7.3a) Declare an emergency exists for second reading on the same day.
(7.3b) Second reading Ordinance No. 04-10243.
Brad Johnson, City Engineer, explained the vacation request, the Planning Commission's
conditions to final plat approval, and Westar's relocation of utilities.
Mr. Johnson, City Manager Dennis Kissinger and Director of Planning and Community
Development Dean Andrew responded to Commissioner Marrs' and Commissioner Divine's questions
regarding the location of utilities.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to pass Ordinance No.
04-10243 on first reading. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to declare an
emergency exists for second reading on the same day.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10243 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second Reading Ordinance No. 04-10235 providing a change in zoning district
classification from R-2 (Multi -Family Residential) to C-6 (Heavy Commercial) on property addressed
as 919 N. Fifth Street and legally described as Lot 12, Block 3, EMI Addition.
Mayor Shadwick noted that Ordinance No. 04-10235 was passed on first reading on
September 27, 2004 and since that time no comments have been received.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to adopt Ordinance
No. 04-10235 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 04-10236 amending the Salina Code by repealing Chapter
16 pertaining to food and food handlers.
Mayor Shadwick noted that Ordinance No. 04-10236 was passed on first reading on
September 27, 2004 and since that time no comments have been received.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No.
04-10236 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried
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(8.3) Second reading Ordinance No. 04-10208 amending Chapter 8, Articles I - IX of the Salina
Code pertaining to buildings and appurtenances.
(8.3a) Second reading Ordinance No. 04-10209 adopting the 2003 International Fire
Code and local amendments.
Mike Roberts, Building Official, explained that staff posted a notification of a comment
period on the city website and also ran a notification in the Development Services newsletter that was
sent to all design professionals, registered contractors and tradesman and licensed contractors. Mr.
Roberts continued to explain the Building Advisory Boards recommendation.
Commissioner Marrs expressed his satisfaction the period allows for the effected parties
to understand the new provisions. Commissioner Marrs also expressed his appreciation to staff for
their work.
Mr. Roberts responded to Mayor Shadwick's question regarding the International Building
Code and use of the code by reference.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10208 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to adopt Ordinance No.
04-10209 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.4) Second reading Ordinance No. 04-10217 amending the Salina Code by adding Section 42-
83 to Chapter 42, Article V and repealing Sections 8-402 — 8-411 of the Salina Code pertaining to
fence regulations.
Dean Andrew, Director of Planning and Community Development, explained the
amendment and fence permitting requirements. Mr. Andrew then responded to Commissioner
Divine's questions regarding fence vision clearance.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10217 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.5) Second reading Ordinance No. 04-10218 repealing Sections 8-385 — 8-387 of Chapter 8,
Article XI and amending Chapter 42, Article X, Division 1, Section 42-504 and 42-506 of the Salina
Code pertaining to sign regulations.
Dean Andrew, Director of Planning and Community Development, explained the
amendment.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10218 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.6) Resolution No. 04-6122 authorizing an agreement with Christina Keats for the
redevelopment of 130 W. Prescott.
Michael Morgan, Deputy City Manager, asked the City Commission to postpone
consideration of the agreement until October 25, 2004.
Moved by Commissioner Webb, seconded by Commissioner Divine, to postpone the
consideration of Resolution No. 04-6122 until October 25, 2004.. Aye: (5). Nay: (0). Motion carried.
(8.7) Authorize purchase of audio/video interactive conferencing system.
Fire Chief Darrell Eastin explained the purchase. Chief Eastin also noted the training
enhancements the equipment would provide to the city. He also responded to Commissioner Divine's
question on whether other departments would be able to utilize the equipment.
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Moved by Commissioner Webb, seconded by Commissioner Jilka, to authorize the
purchase of an audio/video interactive conferencing system from Web Creations and Consultants in j
the amount of $61,703. Aye: (5). Nay: (0). Motion carried.
(8.8) Consideration of adding soccer complex and fire station expansion projects to the 2005
Capital Improvement Plan.
Dennis Kissinger, City Manager, summarized the projects and financing.
A discussion followed between Mr. Kissinger, Deputy City Manager Michael Morgan and
the Commission regarding soccer field amenities, allocation of funding, amendment to the C.I.P. plan,
and agreement with Saline County on land use for the soccer complex.
Moved by Commissioner Divine, seconded by Commissioner Jilka, to add the soccer
complex and fire station expansion projects to the 2005 Capital Improvement Plan. Aye: (5). Nay:.
(0). Motion carried.
Mayor Shadwick thanked the Soccer Club and Mr. Morgan for their work on the soccer
complex project.
(8.9) City Commission discussion and possible decision on allocation of restricted sales tax
funds.
Dennis Kissinger, City Manager, explained the fund and the three proposals received for
funding. Mr. Kissinger continued to explain the proposals as follows:
Initiative #1: The Salina Chamber of Commerce and the Salina Airport Authority
proposals of an initiative to provide incentives to new and existing manufacturing and
primary businesses with a funding request of $275,000 per year for six years (2005-2010).
Initiative #2: Salina Downtown, Inc. proposed an allocation of special sales tax funds to
help underwrite a local exterior fagade improvement matching grant program, replacing
a former Main Street program with a funding request of $10,000 per year for three years
(2005-2007).
Initiative #3: North Central Regional Planning Commission proposed funding to be
allocated for a North Central Kansas Rural Renaissance effort, involving a Home Town
Competitiveness model in eleven counties in the region. With a funding request of $20,000
per year for three years (2005-2007).
Commissioner Divine expressed concerns of the funding level, the board arrangement and
matching investment of the Chamber's request.
Commissioner Marrs expressed his support of all three initiatives.
A discussion followed between Tom Bell, Salina Chamber of Commerce board president,
City Manager Dennis Kissinger, Commissioner Divine and Commissioner Jilka regarding the
requested amount, funding participation, amount already contributed to the Chamber by the City, and
how the funds are spent.
Commissioner Divine commented that she supported all three initiatives, but not
comfortable with the funding level.
Commissioner Jilka expressed the same concerns of Commissioner Divine.
Mayor Shadwick commented on his support of all three initiatives.
Commissioner Webb expressed his support of the three initiatives and funding level.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to approve the funding
allocation plan for three economic development initiatives as requested and shown as Allocation
Option "A". Aye: (4). Nay: (1) Divine. Motion carried.
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(8.10) Award of contract for the Ohio/Schilling Waterline Improvements, Project No. 04-1450.
Brad Johnson, City Engineer, explained the project, bids received, and project funding.
Moved by Commissioner Webb, seconded by Commissioner Jilka, to award the contract
for the Ohio/Schilling Waterline Improvements, Project No. 04-1450 to Stevens Contractors, L.L.C.
in the amount of $265,982.50. Aye: (5). Nay: (0). Motion carried.
(8.11) Consider recommendation and public comment regarding proposed use of 2004 Local Law
Enforcement Block Grant Program funds.
Police Chief James Hill explained the grant and the total award of $8,021. Chief Hill
continued to explain the LLEBG Advisory Board's recommendation to purchase a forensic mapping
system. He then responded to Commissioner Divine's question pertaining to the cost of the system.
Moved by Commissioner Webb, seconded by Commissioner Marrs, to authorize staff to
draw down federal funds and accepting the grant award and adopt the advisory board recommendation,
designating the procurement of equipment of the LLEBG purpose area, and approve the use of grant
funds to purchase a forensic mapping system. Aye: (5). Nay: (0). Motion carried.
(8.12) Authorize an engineering agreement for design services to relocate city utilities for the
North Ohio Overpass Project No. 00-1248.
Martha Tasker, Director of Utilities, explained the relocation of utilities and the agreement.
Ms. Tasker also responded to Commissioner Divine's question regarding the conversion of the survey
and the time schedule of completion of the relocation of city utilities.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to authorize an
engineering agreement for design services to relocate city utilities for the North Ohio Overpass Project
No. 00-1248 with Wilson & Company in the amount of $12,315. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Resolution No. 04-6125 authorizing the Mayor to execute an Addendum to the Contract
of Sale of Real Estate between the City of Salina and Sunflower Bank, N.A.
Greg Bengtson, City Attorney, that the City is now able to pursue with the closing to the
real estate due to the recording of the final plat of Wayne Addition. Mr. Bengtson continued to
explain the Addendum to the contract.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution
No. 04-6125. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to recess into executive
session for ten minutes to discuss with the City Attorney matters subject to the attorney-client
privilege for the reason that public discussion of the matters would waive the privilege and adversely
affect the City's interest in the matters; and reconvene at 5:22 p.m. Aye: (5). Nay: (0). Motion
carried.
The City Commission recessed into executive session at 5:12 p.m. and reconvened at 5:22
p.m. No action was taken.
ADJOURNMENT
Moved by Commissioner Marrs, seconded by Commissioner Jilka, that the Regular
Meeting of the Board of Commissioners be adjourned. A e: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:22 p.m.
[SEAL]
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Lieu CMC, City rk
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Monte Shadwick, Mayor
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