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04-11-2005 MinutesCommission Action # 1 J CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 11, 2005 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizens' Open Forum. 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: Vice -Mayor Deborah P. Divine, Chairman presiding Commissioner Alan E. Jilka 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: Mayor Monte Shadwick Commissioner Donnie D. Marrs CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of April 4, 2005. (6.2) Approve the minutes of April 6, 2005. (6.3) First readings of ordinances amending the Salina Code by making minor administrative changes. (6.3a) Ordinance No. 05-10265 amending Section 2-21 pertaining to City Commission salaries. (6.3b) Ordinance No. 05-10266 amending Sections 7-93, 7-100 and 7-101 pertaining to animal registries. (6.3c) Ordinance No. 05-10267 repealing Articles XI, XVI and XVIII of Chapter 8. (6.3d) Ordinance No. 05-10268 amending Article II of Chapter 17 pertaining to the Board of Health. (6.3e) Ordinance No. 05-10269 amending Section 18-41 pertaining to appeals to be heard by the Building Advisory Board. (6.3f) Ordinance No. 05-10270 amending Section 20-7 pertaining to licenses and licenses due dates. (6.3g) Ordinance No. 05-10271 adding Article IX to Chapter 7 pertaining to breed specific regulations. Page 1 Commission Action # 05-6521 05-6522 1 C (6.4) Approve Change Order No. 3 on the North Ohio Demolition, Project No. 04-1504 in the amount of $21,000. (6.5) Resolution No. 05-6174 authorizing an agreement with Rene' Young to provide indigent counsel services for the Salina Municipal Court. (6.6) Resolution No. 05-6173 expressing support for Phase II of the Reserves at Prairie Glenn. Moved by Commissioner Webb, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (3). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Certification of final cost for the 2004 Special Assessment Projects and setting April 25, 2005 as the date of public hearing. (8.1 a) First Reading Ordinance No. 05-10272 levying special assessments for street, drainage, and utility improvements. Brad Johnson, City Engineer, explained the projects and final costs. Moved by Commissioner Jilka, seconded by Commissioner Webb, to pass Ordinance No. 04-10272 on first reading. Aye: (3). Nay: (0). Motion carried. Moved by Commissioner Webb, seconded by Commissioner Jilka, to set April 25, 2005 as the Special Assessment hearing date and instruct the City Clerk to publish a Notice of Public Hearing and mail a notice to each property owner in the benefit district. Aye: (3). Nay: (0). Motion carried. (8.2) Approval of Curbside Recycling program. (8.2a) Resolution No. 05-6172 establishing fees for curbside recycling. Mike Fraser, Director of General Services, summarized the results of the pilot program. Mr. Fraser also explained funding of the program and the fees to be charged. He then responded to Vice -Mayor Divine's question regarding waiving the start-up fee for people already participating in the program. A discussion followed between Commissioner Webb, Mr. Fraser, and City Manager Dennis Kissinger regarding potential loses of participants already in the program and if there is a waiting list for people wanting the service. Mike Wilson, 422 Jupiter, expressed his opposition of the program. Mr. Wilson believed that the cost of the program will increase in the future and all cost needs to be carefully recorded. Sidney Shultz, 1218 E. Ellsworth, questioned how much money has been put into the program already and if there are buyers for the recyclable products. Mr. Fraser and Vice -Mayor Divine responded to Mr. Schultz's questions. Janet Hansen, 1558 Austin Circle, participated in the program and expressed her support of the program and that she thinks the fee is reasonable. City Manager Dennis Kissinger noted the work from the Solid Waste Management Committee. Mr. Fraser commented on the survey conducted by Fort Hays State University. He continued by commenting on the specifics of the program and the Solid Waste Management Committee's desire for the program to be self -supported. Page 2 Commission Action # 1 1 ;Ir 05 work. Commissioner Jilka commented on the pilot program and commended the staff for their Vice Mayor thanked the participants of the program. Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt the Curbside Recycling as a city service under the Sanitation Division and Resolution No. 05-6172. Aye: (3). Nay: (0). Motion carried. (8.3) Soccer Complex Project. (8.3a) Resolution No. 05-6175 relating to the site selection and acquisition of real estate required for development of a soccer complex. (8.3b) Resolution No. 05-6176 declaring it to be necessary that the city appropriate certain private property for the use of the city in developing a soccer complex. Dennis Kissinger, City Manager, summarized the project and the funding of the project. Mr. Kissinger noted the challenges faced in finding the best site for the complex. Mr. Kissinger also explained the location of the recommended site on Magnolia Road. A discussion followed between Vice -Mayor Divine, Director of Public Works Shawn O'Leary, and Mr. Kissinger regarding potential traffic issues. Mr. Kissinger responded to Commissioner Webb's question on soil quality. Gary Olson, 7300 Whitmore Road, Gypsum, questioned on whether the city would be annexing the tract of land located south of the potential site. Mr. Olson also questioned the location of the soil testing, why the Schilling site is no longer being considered, and access to the Olson's property. Mr. Kissinger responded to Mr. Olson's concerns. Paula Knox, Salina Soccer Club, commented on the challenges of previous site considered and benefits of the potential site. David Olson commented on the lack of frontage of Magnolia Road and his future potential use of the property. Mr. Olson also commented on the Soccer Club's unwillingness to allow placement of additional recreation activities at the location. A discussion followed between Gary Olson, Mr. Kissinger, and Vice -Mayor Divine regarding the eminent domain process for acquiring the land. David Olson commented on the market value of the property. Ms. Knox commented on the Soccer Club's land negotiations for the complex, deadlines, and the need of the complex in the community. Gary Olson commended Paula for her hard work on the project. A discussion then followed between Mr. Olson and Mr. Kissinger regarding the eminent domain process. Moved by Commissioner Webb, seconded by Commissioner Jilka, to adopt Resolution No. 05-6175. Aye: (3). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Webb, to adopt Resolution No. 05-6176. Aye: (3). Nay: (0). Motion carried. (8.4) Approval of an engineering design services agreement for the Soccer Complex Project. Shawn O'Leary, Director of Public Works, explained the agreement and funding. Page 3 Action # 05 05 05 i� D Vice -Mayor Divine and Mr. Kissinger responded to Mr. Olson's questions regarding the consultant selection, the designs and plans being a public record, and if there was any requirements to notification to adjoining neighbors. Moved by Commissioner Webb, seconded by Commissioner Jilka, to approve an engineering design services agreement with Wilson & Company in the amount of $80,633 for the Salina Soccer Complex project. Aye: (3). Nay: (0). Motion carried. (8.5) Resolution No. 05-6177 reaffirming and restating the delegation of powers by the City of Salina to the Housing Authority. Greg Bengtson, City Attorney, explained that in 1967 the City Commission adopted Resolution No. 2454 creating the Housing Authority, but did not allow the Housing Authority powers to execute contracts and acquire and dispose of any property. Mr. Bengtson continued to explain that because of reasons related to contractual relationships with HUD, it has been determined that the Housing Authority should be authorized to acquire and dispose of property, other than by the power of eminent domain and will not have the power to either borrow money or issue bonds. Moved by Commissioner Webb, seconded by Commissioner Jilka, to adopt Resolution No. 05-6177. Aye: (3). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Jilka, seconded by Commissioner Webb, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (3). Nay: (0). Motion carried. The meeting adjourned at 5:05 p.m. [SEAL] ,ATTEST: Lieu Arm Elsey, City Cler A 4aa Monte Shadwick, Mayor Page 4