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12-13-2004 MinutesCommission Action # canna aa�=a-sai.,a ISI CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 13, 2004 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session for a Deputy City Manager transition report, including 2004 C.I.P. and project/program updates. 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 Penny Day, Deputy City Clerk Absent: Lieu Ann Elsey, City Clerk None. CITIZEN FORUM AWARDS — PROCLAMATIONS (4.1) Presentation of plaques of appreciation to outgoing Employee Council members. Mayor Shadwick presented plaques of appreciation to Sue Cline, Mike Highsmith, Glen Quested, and Gene Peppersack. He also thanked Brent Barton and Randy Jennings for their service. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Petition No. 4257, filed by Richard Rew on behalf of West Street Enterprises, requesting the vacation of the public street right-of-way on Fourth Street from North Street to Pine Street. (5.1 a) Resolution No. 04-6142 authorizing a license agreement with Ridgeway Properties, LLC and KCG, Inc., dba Rew Materials, to allow the use of the Fourth Street right-of-way from North Street south to Pine Street. Mayor Shadwick opened the public hearing. Brad Johnson, City Engineer, explained the location of the warehouse and other issues regarding Union Pacific Railroad. Mr. Johnson continued to explain that staff recommends denial of the vacation petition, but approving the alternative of a license agreement to allow the area to be utilized for public purpose. Dean Andrew, Director of Planning and Community Development, and Dennis Kissinger, City Manager, responded to Commissioner Marrs' questions concerning the license agreement and setback requirements on the 4th Street right-of-way. There being to further comments, the public hearing was closed. Page 1 Commission Action # ae�e�a�ra 04-6676 u 04-6677 04-6679 1 Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Resolution No. 04-6142 with an amendment to the license agreement clarifying the setback issue, and to deny Petition No. 4257. Aye: (5). Nay: (0). Motion carried. (5.2) Public hearing on the 2004 budget amendments. (5.2a) Resolution No. 04-6143 amending the 2004 annual budget. Mayor Shadwick opened the public hearing. Rodney Franz, Director of Finance and Administration, explained the need for the amendments to the 2004 budget. Mr. Franz then responded to Commissioner Jilka's question concerning the distribution of the funds. There being no further comments, the public hearing was closed. Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Resolution No. 04-6143 and to amend the 2004 budget to increase the Salina Downtown, Inc. distribution as presented, authorize the distribution of $810,000 to the Convention and Tourism Fund and encumbering the remaining balance for possible future Bicentennial Center improvements. Aye: (3). Nay: (2) Shadwick, Webb. Motion carried. CONSENT AGENDA (6.1) Approve the minutes of December 6, 2004. Moved by Commissioner Webb, seconded by Commissioner Marrs, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Resolution No. 04-6140 authorizing an annexation agreement with Quail Meadows Property, Inc. and James Caywood relating to the annexation property located at the northwest corner of Schilling Road and Ohio Street. (7.1a) Second reading Ordinance No. 04-10216 annexing a 76.14 acre tract of land located at the northwest corner of Schilling Road and Ohio Street. Dean Andrew, Director of Planning and Community Development, explained the agreement, benefit to the city, and the reason for the cost recovery fees being paid in phases instead of a lump sum payment. Mr. Andrew also noted that Stan Byquist with Quail Meadows Property, Inc. was available for questions. Denis Kissinger, City Manager, responded to Commissioner Divine's question concerning the future cost of the reconstruction to Ohio Street. Moved by Commissioner Webb, seconded by Commissioner Jilka, to adopt Resolution No. 04-6140. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Webb, seconded by Commissioner Divine, to adopt Ordinance No. 04-10216 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. 04-10250 annexing the City's flood control right-of-way from the southern boundary of the Holmquist Estates Addition oxbow south to Magnolia Road. Mayor Shadwick noted that Ordinance No. 04-10250 was passed on first reading on December 6, 2004 and since that time no comments have been received. Page 2 Commission Action # nsona�ec5a wa 04-6681 1 im 1HTI: —10 Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance No. 04-10250 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. 04-10251 repealing and providing for the abandonment of the Birch Manor Development District and rezoning the property located at 651 Upper Mill Heights Drive to PDD (R-3). Mayor Shadwick noted that Ordinance No. 04-10251 was passed on first reading on December 6, 2004 and since that time no comments have been received. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Ordinance No. 04-10251 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.3) Second reading Ordinance No. 04-10252 approving an amendment to the planned development district ordinance for the Georgetown Village Place PDD, located at 657 Fairdale Road. Mayor Shadwick noted that Ordinance No. 04-10252 was passed on first reading on December 6, 2004 and since that time no comments have been received. Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Ordinance No. 04-10252 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb, Shadwick. Nay: (0). Motion carried. (8.4) Consideration of the Salina Water Treatment Plant Public Art Project. Shawn O'Leary, Director of Public Works, explained the project and the different alternatives. Mr. O'Leary then responded to Commissioner Marrs' questions concerning the different components of the project and the issue of multiple contracts. Moved by Commissioner Divine, seconded by Commissioner Webb, to authorize $152,000 for the public art project at the Salina Water Treatment Plant and direct staff to proceed with the necessary contracting services, direct staff to proceed with the design for a south entrance, and bring back to the commission at a later date. Aye: (5). Nay: (0). Motion carried. (8.5) Approval of 2005 Vehicles and Equipment Plan and Buildings and Facilities Plan. Michael Morgan, Deputy City Manager, explained that $400,000 in sales tax funds are included in the 2005 Vehicle and Equipment plan. Mr. Morgan also responded to Commissioner Jilka's and Commissioner Marrs' questions regarding the digital in car video systems for the police department and the funding for the digital aerial photos. Moved by Commissioner Jilka, seconded Commissioner Webb, to approve the 2005 Vehicles and Equipment and authorize staff to solicit bids. Aye: (5). Nay: (0). Motion carried. (8.6) Resolution No. 04-6141 amending the Personnel Manual. Deborah Demel, Assistant City Manager, summarized the amendments. Ms. Demel then responded to Commissioner Divine's concerns of Article 5. Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Resolution No. 04-6141. Aye: (5). Nay: (0). Motion carried. (8.7) Consideration of adding the purchase and renovation of the former YWCA facility to the 2005 Capital Improvement Plan. Dennis Kissinger, City Manager, explained the proposed uses for the YWCA facility. Mr. Kissinger then responded to Commissioner Jilka's question concerning the liability insurance estimate. Steve Snyder, Director of Parks and Recreation, responded to Commissioner Jilka's question concerning the startup cost for fitness equipment and the additional personnel that would be required. Page 3 Commission Action # D 04-6687 1 Melinda Jett, 400 Upper Mill Heights Drive, thanked the Commission for all of the time that has been spent on this issue. She expressed that she felt the price of the facility was fair according to the appraisal, and that the building was not too small for the needs of the recreation department. She also stated she felt that purchasing the YWCA facility would help with the growing concerns of health and fitness nationwide. Lurella Pate, 142 N. Columbia, stated that she has Multiple Sclerosis; before the YWCA closed, she had been utilizing the YWCA pool facility for over 10 years. Ms. Pate continued to explain that the temperature of the water was therapeutic for her disability and she is not able to afford the membership fees at the YMCA. Rodney Nitz, 122 '/2N. Santa Fe, stated that he has lived in Salina for 33 years and has served on the Parks and Recreation Advisory Board and has an understanding the difficulties that they faced. He encouraged the City Commission to purchase the YWCA facility. Hank Corcoran -Boyer, 135 S. Bradley Drive, current member of the Parks and Recreation Advisory Board, stated that she did not see the purchase of the YWCA facility as `bailing them out', but rather a timing issue with the recent passage of the sales tax revenue being available at the same time as the facility becoming available. She also stated that she felt that the Recreation Department being located in one building would create more centralized and efficient programs; they would not be competing with the YMCA. Sydney Soderburg, 123 Overhill Road, thanked the City Commission for their consideration of the purchase of the YWCA facility, and encouraged them to add this purchase to the 2005-2006 CIP. Janet Kalerman, 509 Elm, Minneapolis presented the commissioners with the 2004 Saline County Health Survey. She also stated that children need fitness opportunities, and voiced her support of the City purchasing the YWCA facility. Tim Null, 6604 E. Hwy. K-4, questioned the $30,000 dollars being taken away from the YMCA. Dennis Kissinger, City Manager, clarified that the $30,000 was the amount of the City's portion of membership fees at the YMCA for employees; the City is no longer offering that program. Commissioner Divine commented on the public response on the issue, and the building being in good condition. She also commented on an increasing need for office space for other City offices that would be available if the Parks and Recreation Department was located at a different location. Moved by Commissioner Divine, to authorize the inclusion of the former YWCA facility in the 2005-2006 CIP as outlined, and direct staff to prepare a contract with the YWCA for the purchase of the building and land. Motion died due to lack of a second. Commissioner Webb stated that he felt the YWCA has been a intricate part of the community, and he is concerned about purchasing a building that will require maintenance for many years ahead. He also stated that he was concerned about the lack of parking, both for the elderly and young children, and he noted a duplication of programs with the YMCA. Commissioner Jilka stated that he was not convinced that publicly funding a parks and recreation facility was the correct decision at this time; that he didn't feel the building was worth the purchase price. Commissioner Marrs pointed out that the building is land locked, and that the parking will be on ongoing cost to the City. He also stated his concerns about the increasing maintenance cost of an aging building. Page 4 Commission Action # 1H 001.111 04-66901 04-6691 04-6692 04-6693 04-6694 1 Mayor Shadwick stated that he was aware of the need for space for different recreation programs, however he doesn't agree with duplicating programs available at the YMCA, and he feels that this is the wrong building at the wrong time. Commissioner Divine expressed her disappointment in her fellow commissioners; she felt that all of the issues brought up had been previously addressed. (8.8) Request for executive session (real estate). Moved by Commissioner Marrs, seconded by Commissioner Jilka, to recess into executive session for 10 minutes 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 acquire the real estate and reconvene at 5:22 p.m. Aye: (5). Nay: (0). Motion carried. The Commission recessed into executive session at 5:11 p.m and reconvened at 5:22 p.m. Moved by Commissioner Webb, seconded by Commissioner Jilka, to recess into the current executive session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried. The Commission recessed into executive session at 5:22 p.m and reconvened at 5:27 p.m. Moved by Commissioner Webb, seconded by Commissioner Jilka, to recess into the current executive session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried. The Commission recessed into executive session at 5:27 p.m and reconvened at 5:32 p.m. Moved by Commissioner Marrs, seconded by Commissioner Jilka, to recess into executive ion for 10 minutes to discuss a matter pertaining to non -elected city personnel for the reason that is discussion of the matter would violate the privacy rights of the non -elected city personnel involved reconvene at 5:43 p.m. Aye: (5). Nay: (0). Motion carried. The Commission recessed into executive session at 5:33 p.m and reconvened at 5:43 p.m. Moved by Commissioner Webb, seconded by Commissioner Jilka, to recess into the current executive session for an additional 5 minutes. Aye: (5). Nay: (0). Motion carried. The Commission recessed into executive session at 5:43 p.m. and reconvened at 5:48 p.m. Moved by Commissioner Marrs, seconded by Commissioner Webb, to recess into the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The Commission recessed into Executive Session at 5:48 p.m. and reconvened at 5:58 p.m. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Webb, 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 5:58 p.m. [SEAL] ATTEST: Lieu Ann Elsey, City rk /Mo�ntehadwick, Mayor Page 5