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05-23-2005 MinutesCommission Action # 1 05-6987 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS May 23, 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: Mayor Deborah P. Divine, Chairman presiding Commissioner Alan E. Jilka Commissioner Donnie D. Marrs Commissioner R. Abner Perney Commissioner John K. Vanier II comprising a quorum of the Board, also present: Dennis M. Kissinger, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None CITIZEN FORUM Ben Frick, 120 Overhill, commented on the pictures that he presented to the City Commission showing the lack of gravel on a parking lot on North Ninth Street and people purchasing items from a street. AWARDS - PROCLAMATIONS (4.1) The day of May 28, 2005 as "Poppy Day" in the City of Salina. Delores Houltberg, Past District President of the American Legion Auxiliary, read the proclamation and announced upcoming events. (4.2) The month of June 2005 as "Healthy Food Month" in the City of Salina. Kirk Cusick 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 May 16, 2005. (6.2) Resolution No. 05-6191 authorizing a grant agreement for the Saline County Smart Start program. (6.3) Approve Supplemental Agreement with Bucher, Willis & Ratliff Corporation for additional engineering services for the Schilling/Centennial Project in the amount of $15,808.70. (6.4) Resolution No. 05-6193 authorizing a License and Maintenance Agreement with Johnson Sand Company. Commissioner Marrs requested that Item 6.3 be removed from the consent agenda. Mayor Divine requested that Item 6.4 be removed from the consent agenda. Moved by Commissioner Perney, seconded by Commissioner Marrs, to approve Items 6.1 and 6.2 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. Mayor Divine recused herself due to conflict of interest for Item 6.3. Vice -Mayor Marrs assumed the chair. Shawn O'Leary, Director of Public Works, and Brad Johnson, City Engineer, responded to Vice -Mayor Marrs' questions regarding the weathering factor of the contract. Page 1 Commission Action # Met �1 05-6990 05-6991 05-6992 1 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve Supplemental Agreement with Bucher, Willis & Ratliff Corporation for additional engineering services for the Schilling/Centennial Project in the amount of $15,808.70. Aye: (4). Nay: (0). Abstained: (1) Divine. Motion carried. Mayor Divine resumed the chair. Martha Tasker, Director of Utilities, Dean Andrew, Director of Planning and Community Development, Shawn O'Leary, Director of Public Works, and Dennis Kissinger, City Manager, responded to Mayor Divine's questions regarding water quality, condition of sand pit after mining, and the levee crossings pertaining to Item 6.4. Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution No. 05-6193. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Authorize submittal of the 2005 Justice Assistance Grant application. Chief Jim Hill explained the grant, award amount, and the requirements. Chief Hill continued to explain how the grant funds would be used. Moved by Commissioner Marrs, seconded by Commissioner Perney, to authorize the submittal of the JAG program grant application, designating "Public Safety Training Equipment/Judgmental Use -of -Force Simulator Acquisition" as the program purpose for which JAG funds will be used. Aye: (5). Nay: (0). Motion carried. (8.2) First reading Ordinance No. 05-10278 approving the issuance of additional general obligation bonds by the Salina Airport Authority in the amount of $80,000 for the purpose of financing the cost of certain capital improvements located at the Salina Industrial Center. Greg Bengtson, City Attorney, explained that City Commission consent is required for the authorization of issuance of general obligation bonds. Mr. Bengtson continued to explain how the funds would be used. Moved by Commissioner Jilka, seconded by Commissioner Perney, to pass Ordinance No. 05-10278 on first reading. Aye: (5). Nay: (0). Motion carried. (8.3) Approve purchases of a sewer cleaner machine, main break response truck and one valve exercising machine for the Utilities Department. Martha Tasker, Director of Utilities, gave a brief overview on the usage of each piece of equipment, the bids received, and funding for the purchases. Ms. Tasker then responded to Commissioner Vanier's question on the time of delivery for the response truck and Commissioner Marrs' question regarding the funding of the truck purchase. Moved by Commissioner Vanier, seconded by Commissioner Jilka, to approve the purchases of a 2005 Sewer Cleaner from Key Equipment and Supply Company in the amount of $129,225, a 2005 Main Break Response Truck with Electric/Hydraulic Crane from Kansas Truck Center in the amount of $82,128.45 and a Valve Exercising Machine from Pacific Tek, Inc. in the amount of $14,950. Aye: (5). Nay: (0). Motion carried. (8.4) Award of contract for Building Demolition on Tract 10 of the North Ohio Overpass, Project No. 04-1501. Shawn O'Leary, Director of Public Works, explained the project, bids received, and project funding. Page 2 Commission Action # Gcns�liaat+tl5ziim 05-6694 05-6695 05-6696 1 Commissioner Perney commented on the price difference from the original contract. Moved by Commissioner Perney, seconded by Commissioner Marrs, to award the contract for the Building Demolition on Tract 10 of the North Ohio Overpass, Project No. 04-1501 to T & R Dirt Contractors in the amount of $33,165. Aye: (5). Nay: (0). Motion carried. (8.5) Acceptance of the Kansas Department of Transportation grant for improvements to the Broadway/Hageman Intersection and authorize staff to hire a design consultant for survey and design for the improvements. Brad Johnson, City Engineer, explained the grant award, project scope, and city's share of the improvements. A discussion followed between Commissioner Marrs, Mr. Johnson, and Mr. Kissinger regarding the pedestrian crossing bridge. Merlin Stephens, 340 Maple Avenue, commented on improvements that were done on the north side of the intersections. Mr. Stephens also expressed his concerns in the number of accidents that have happened from the north side of the intersection and the need for the bridge to be removed. Moved by Commissioner Jilka, seconded by Commissioner Vanier, to accept the KDOT grant for up to $500,000 for the Broadway/Hageman Intersection and authorize staff to hire a design consultant for survey and design for the Broadway/Hagemen intersection improvements. Aye: (5). Nay: (0). Motion carried. (8.6) Resolution No. 05-6192 authorizing a license agreement with Military Order of the Purple Heart, Chapter #688 to construct a monument in Sunset Park. Steve Snyder, Director of Parks & Recreation, commented on the war memorial currently in Sunset Park and the request to construct an additional monument. Mr. Snyder continued to explain the location of where the new monument would be placed, the contractor to perform construction, and the agreement. Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution No. 05-6192 and authorize the Military Order of the Purple Heart, Chapter #688 to begin fundraising and installation of the monument. Aye: (5). Nay: (0). Motion carried. (8.7) Approve purchase of spray park equipment for Jerry Ivey Park. Steve Snyder, Director of Parks & Recreation, explained the proposals received and funding of the purchase. Mr. Snyder then responded to Commissioner Perney's question regarding when the spray grounds would be put in use. Mr. Snyder also responded to Commissioner Marrs' and Commissioner Vanier's questions regarding additional staff and contracting work needed for the project, the cost of items needed to complete the installation of the spraygrounds and the comparison of the cost to past spraygrounds installed. Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve the purchase of spray park equipment for Jerry Ivey Park from Waterworks International in the amount of $65,960. Aye: (5). Nay: (0). Motion carried. (8.8) Consideration of a request for the city -at -large to fund a portion of the cost in a possible public improvement project to place certain underground electric utility lines in the area of Mulberry and 8th Streets. Dean Andrew, Director of Planning and Community Development, explained the request, improvements, possible special assessment financing, and possible city -at -large share. Mr. Andrew continued to explain the cost estimates that were provided by Kansas Westar Electric as follows: Component "A": Utility line burial and related work in the north -south alley west of St. John's Church, where the church owns property both east and west of the alley, south of Mulberry (Cost estimate $68,000). Page 3 Commission Action # 1 05-6697 Component `B": Utility line burial and related work in the right-of-way of 8th Street, north of Mulberry, adjacent to the President's Place project (Cost estimate $77,000) Component "C": Utility line burial, related work, switchgear, vaults and underground street crossing for the east -west Mulberry section between 7th and 8th Street (Cost estimate $138,000). Mr. Andrew and Brad Johnson, City Engineer, responded to Commissioner Pemey's questions regarding the improvement boundaries in Component B. Craig Matteson, Westar Energy, clarified the boundaries of the component in question. A discussion followed between Commissioner Marrs and Mr. Andrew regarding past financing of underground power lines and cost sharing. Another discussion followed between Commissioner Perney, Mr. Johnson, and Shawn O'Leary, Director of Public Works, regarding Components B and C. Mayor Divine commented on the public benefit and the importance of the project. Mr. O'Leary and Mr. Andrew replied to Commissioner Jilka's question regarding setting a precedence with this request. Ross Freeman, Pioneer Group (Topeka, KS), commented on the request and the impact it would have on the neighborhood and the residence. Mr. Freeman also commented on the historic preservation of the Roosevelt -Lincoln School building A discussion followed between Commissioner Marrs and Mr. Freeman regarding the public aspect of the request. Mayor Divine expressed that she felt that the public aspect of the project is taking a public building that would have been unused and reusing it to benefit the community. Mr. Freeman commented on Housing Tax Credits and their limitations. Mr. Freeman also noted the number of the waiting list for housing. A discussion followed between Commissioner Perney, Mr. Andrew, and Brad Kessell, Westar Energy, regarding the cost to a future developer for properties on 8th Street. Mr. O'Leary responded to Commissioner Vanier's question regarding not receiving a request from St. John's Church. Mr. O'Leary noted that a verbal acknowledgment has been received. A discussion followed between Commissioner Jilka, Commissioner Vanier, Mr. O'Leary and Mr. Andrew regarding the components. Commissioner Perney expressed his support for Components B and C at a 50% cost sharing level. Commissioner Jilka commented that he agreed with some of Commissioner Marrs' concerns, but feels it is beneficial. Moved by Commissioner Perney, seconded by Commissioner Jilka, to consider project Components `B" and "C" at a 50% of the cost component to be paid by the city -at -large. Commissioner Marrs commented that the community is fortunate that the building is being reused for housing, but feels that it is a private benefit, and not public. Therefore, he could not support the cost sharing breakdown. Mayor Divine called the question. Aye: (3) Divine, Jilka, Perney. Nay: (2) Marrs, Vanier. Motion carried. Page 4 Commission Action # 1 05-6699 05-6700 (8.9) Staff report and recommendations on curbside collection program for recyclables. Dennis Kissinger, City Manager, explained the curbside recycling program, the participation rate, and the expectancy of having more participants sign up for the program. Mr. Kissinger noted that they will not have 900 customers by July 1, but staff will continue to work on getting more involvement. Mr. Fraser and Mr. Kissinger responded to Commissioner Perney's inquiry regarding any feedback from trial participants that did not sign up. A discussion followed between Commissioner Marrs, Mayor Divine, and Mr. Fraser regarding resources that could be used to help gain new customers and the number that can be served. Guy Reinbold, 715 E. Neal, expressed his support in the program, but feels that the cost is the reason why there is a lack of participants. He believes that revenue from sales tax should be used to help finance the program. Melanie Terrill, 450 S. 8th, thanked staff and Commissioners for the program. Ms. Terrill expressed her support in extending the program to allow the program to develope. Ken Reitz, Images Recycling, commented on the importance of recycling and the support that the community has shown. Mr. Reitz also commented on the fees being charged. Mr. Kissinger thanked Mr. Reitz for his services and stated that he is an asset to the community. Moved by Commissioner Perney, seconded by Commissioner Jilka, to renew authorization for the curbside recycling program service to begin July 1, 2005 acknowledging it may not be fully operationally self-supporting at start-up; reset the target date for the program to be self-supporting with a new financial self-supporting date of July 1, 2006; and authorize and direct staff to develop and implement marketing and other plans in June to add additional customers to the program in efforts to reach the 900 household target as quickly as possible. Aye: (5). Nay: (0). Motion carried. (8.10) Request for executive session (legal). Moved by Commissioner Marrs, seconded by Commissioner Perney, to recess into executive session for 20 minutes to discuss with the City Attorney a matter subject to the attorney- client privilege for the reason that public discussion of the matter would waive that privilege and adversely affect the City's interests in the matter; and reconvene at 6:05 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:45 p.m. and reconvened at 6:05 p.m. No action was taken. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Vanier, seconded by Commissioner Perney, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:05 p.m. Deborah Divine, Mayor [SEAL] ATTEST: Va� Lieu Ann Elsey, CMC, City &erk Page 5