02-07-2005 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
February 7, 2005
4:00 p.m.
The City Commission convened at 3:15 p.m. in a Study Session for a demonstration of the City Code
e -government improvement. 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 month of February 2005 as "National AMBUCS Month" in the City of Salina.
Rhonda Bethe read the proclamation and announced upcoming events.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing to consider application for tax exemption filed by Verwater Environmental,
LLC for expanded facilities and new machinery at 516 Graves Blvd.
(5.1a) Resolution No. 05-6158.
(5.1b) First reading Ordinance No. 05-10260.
Mayor Shadwick opened the public hearing.
Dean Andrew, Director of Planning and Community Development, explained the request
and cost basis analysis. Mr. Andrew also responded to Commissioner Divine's request for
clarification on determining eligibility for tax exemptions.
There being no further comments, the public hearing was closed.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to adopt Resolution
No. 05-6158. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Divine, to pass Ordinance
No. 05-10260 on first reading. Aye: (5). Nay: (0). Motion carried.
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CONSENT AGENDA
(6.1) Approved the minutes of January 24, 2005.
(6.2) Approval of the 2005 Computer Technology Plan and authorize staff to seek bids.
(6.3) Resolution No. 05-6154 adopting the position description for the City Manager of the City
of Salina.
(6.4) Resolution No. 05-6159 designating parking zones on the west side of the 100 Block of
North Fifth Street.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Application #PO4-2A, filed by Landmark Development, requesting final plat approval for a
proposed 41 lot subdivision to be known as Woodland Hills Estates Addition No. 2.
(7.1a) Second reading Ordinance No. 04-10214 annexing Woodland Hills Estates
Addition No. 2.
(7. lb) Second reading Ordinance No. 04-10213 providing a change in zoning district
classification from Saline County AG to R (Single -Family Residential Suburban) for
Woodland Hills Estates Addition No. 2.
Dean Andrew, Director of Planning and Community Development, explained the requests,
staff's concerns about the drainage plans from the preliminary plat, street access, utilities and drainage.
Mr. Andrew noted that the city would take ownership of the detention area and there would be a
required maintenance fee. He then summarized the Planning Commission's recommendation.
Shawn O'Leary, Director of Public Works, and Dennis Kissinger, City Manager, responded
to Commissioner Marrs' questions regarding the drainage of the subdivision and taking on water from
another area. They also responded to Commissioner Divine's questions regarding the ownership of
the property to the east, the master plan, and utilities on Estates Drive and Greystone Drive.
A discussion followed between Commissioner Marrs, Commissioner Divine, Mr.
Kissinger, and Mr. O'Leary regarding the master plan.
Moved by Commissioner Divine, seconded by Commissioner Marrs, to authorize the
Mayor to sign the plat and accept the offered easement, street right-of-way and drainage right-of-way
dedications on behalf of the City of Salina. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Divine, seconded by Commissioner Webb, to adopt Ordinance
No. 04-10214 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Ordinance No.
04-10213 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. 05-10256 annexing City owned property located in the Lee
Industrial Park Subdivision.
Mayor Shadwick noted that Ordinance No. 05-10256 was passed on first reading on
January 24, 2005 and since that time no comments have been received.
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Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Ordinance No.
05-10256 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. 05-10258 vacating a 16 -foot platted alley in Block 3,
Pacific Addition.
Mayor Shadwick noted that Ordinance No. 05-10258 was passed on first reading on
January 24, 2005 and since that time no comments have been received.
Moved by Commissioner Marrs, seconded by Commissioner Webb, to adopt Ordinance
No. 05-10258 on second reading. A roll call vote was taken. Aye: (5) Divine, Jilka, Marrs, Webb,
Shadwick. Nay: (0). Motion carried.
(8.3) First reading Ordinance No. 05-10259 considering the final approval of property tax
exemption for Turbine Specialties.
Dean Andrew, Director of Planning and Community Development, explained the request
for exemption, capital investment, job creation, project completion report, and rate of exemption. Mr.
Andrew clarified that purchases of buildings and land are not eligible for exemption.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to pass Ordinance No.
05-10258 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.4) Award of contract for the Smoky Hill Museum Gallery Remodeling, Project No. 04-1506.
Commissioner Marrs recused himself due to conflict of interest.
Shawn O'Leary, Director of Public Works, explained the project, bids received, and project
funding.
Bill Medina, Medina Construction Company, noted the difference in his bid from low
bidder. Mr. Medina asked that the City Commission award the contract to a local vendor.
Commissioner Divine noted that she wished that we could award the bid to local vendors,
but felt that the current city policies and procedures are appropriate.
Moved by Commissioner Divine, seconded by Commissioner Webb, to award the contract
for the Smoky Hill Museum Gallery Remodeling, Project No. 04-1506 to McPherson Contractors in
the total amount of $142,100. Aye: (4). Nay: (0). Abstain: (1) Marrs. Motion carried.
Commissioner Marrs returned.
(8.5) Award of contract for the Sanitary Sewer Improvements, South Third Street and North
Eleventh Street, Project No. 04-1432.
Martha Tasker, Director of Utilities, explained the project, bids received, and project
funding.
Moved by Commissioner Jilka, seconded by Commissioner Divine, to award the contract
for the Sanitary Sewer Improvements, South Third Street and North Eleventh Street, Project No. 04-
1432 to Stevens Contractors, LLC in the amount of $89,155. Aye: (5). Nay: (0). Motion carried.
(8.6) Request for executive session (legal, real estate and confidential corporate financial
matters).
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to recess into executive
session for 5 minutes to discuss matters subject to the attorney-client privilege for the reason that
public discussion would waive the privilege, and reconvene at 4:47 p.m. Aye: (5). Nay: (0). Motion
carried.
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The City Commission recessed to executive session at 4:42 p.m. and reconvened at 4:47
p.m.
Moved by Commissioner Divine, seconded by Commissioner Jilka to reconvene in regular
session. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Marrs, to authorize and direct
the City Manager and City Attorney to take the legal steps necessary, including the filing of suit in the
Saline County District Court, in order to obtain possession of Tract 14 of the North Ohio Overpass
Project from J.P. Miller and Aracelia S. Miller. Aye: (5). Nay: (0). Motion carried.
Commissioner Divine congratulated City Clerk Lieu Ann Elsey for obtaining her CMC
certification.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, for 25 minutes for
discussion with the City Attorney on matters subject to the attorney client privilege for the reason that
public discussion would waive the privilege, preliminary discussions relating to the acquisition of real
estate for the reason that public discussion could jeopardize the ability of the City to potentially
acquire the subject real estate, and discussion of confidential data relating to the financial affairs of a
corporation for the reason that public discussion of the confidential data would result in a competitive
disadvantage to the corporation; and reconvene at 5:15 p.m.
The City Commissioner recessed into executive session at 4:50 p.m. and reconvened at
5:15 p.m.
Moved by Commissioner Jilka, seconded by Commissioner Webb, to reconvene into the
current executive session for an additional ten minutes. Aye: (5). Nay: (0). Motion carried.
p.m.
The City Commission recessed into executive session at 5:15 p.m. and reconvened at 5:25
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Jilka, seconded by Commissioner Webb, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 5:25 p.m.
[SEAL]
ATTEST:
Lieu Ann Elsey, City
onte Shadwick, Mayor
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