06-13-2005 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 13, 2005
4:00 p.m.
The City Commission convened at 2:30 p.m. in a Study Session for an Annual Pre -Budget Finance
Report and 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 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
Penny Day, Deputy City Clerk
Absent: None
CITIZEN FORUM
Andy Anderson, owner Anderson Leather, 118 N. Santa Fe, informed the Commission
that his business has received damage on two separate occasions this past weekend from patrons of
bars in the downtown area. Mr. Anderson asked if anything could be done to require the bars to
call the Police Department to assist with problems instead of throwing people out into the streets.
AWARDS - PROCLAMATIONS
(4.1) Resolution No. 05-6183 expressing gratitude and appreciation to Fire Marshal, John E.
Helm for his employment with the City of Salina from December 17, 1978 to June 15, 2005.
(4.2) Resolution No. 05-6184 expressing gratitude and appreciation to Fire Lieutenant, Rick L.
Nicholson for his employment with the City of Salina from April 30, 1978 to June 17, 2005.
(4.3) Resolution No. 05-6185 expressing gratitude and appreciation to Fire Lieutenant, Robert E.
Humiston for his employment with the City of Salina from March 19, 1978 to June 16, 2005.
Moved by Commissioner Marrs seconded by Commissioner Jilka, to adopt Resolution No.
05-6183. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Resolution
No. 05-6184. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Perney, seconded by Commissioner Marrs, to adopt Resolution
No. 05-6185. Aye: (5). Nay: (0). Motion carried.
Mayor Divine presented plaques to Mr. Helm and Mr. Nicholson and thanked them for
their years of service.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
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CONSENT AGENDA
(6.1) Approve the minutes of June 6, 2005.
(6.2) Award of contract for a spiral heat exchanger from Alfa Laval, Inc. in the amount of
$35,910.
(6.3) Authorize an ,engineering agreement for the development of an engineering feasibility
analysis for wastewater pump stations from Bucher, Willis & Ratliff Corporation in the amount of
$16,319.
(6.4) Resolution No. 05-6195 changing a name of a Wertz Street to Vortex Avenue in the
Airport Industrial Center Subdivision.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve Items 6. 1,
6.2 and 6.4 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
Mayor Divine recused herself due to conflict of interest.
Vice -Mayor Marrs assumed the chair.
Moved by Commissioner Perney, seconded by Commissioner Vanier, to approve Item 6.3
of the consent agenda as presented. Aye: (4). Nay: (0). Abstained: (1) Divine. Motion carried.
Mayor Divine returned.
DEVELOPMENT BUSINESS
(7.1) Consider modification or repeal of Ordinance No. 04-10230 rezoning the property
addressed as 314 W. Cloud Street and 1720 S. 9th Street to PC -3 (Planned Shopping Center District).
Dean Andrew, Director of Planning and Community Development, explained the reasons
for the zoning change and the history of the project.
Steve Albrecht, owner of Mid -Kansas Tool & Electric, commented on the situation and
explained his position. Mr. Albrect requested an additional four weeks to complete the landscaping at
this location.
Dennis Kissinger, City Manager, stated that if he had known the applicant was willing to
commit to a deadline, staff could have extended the temporary occupancy permit for four weeks;
however since the applicant is willing to commit to a 30 day deadline, the Commission could postpone
action of the item.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to postpone the item
until July 18, 2005. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance No. 05-10279 providing for a change in zoning district
classification from R-2 (Multi -Family Residential) to C-6 (Heavy Commercial) on property addressed
as 929 N. Fifth Street and legally described as Lots 14, 16, 18 and 20, Block 3, EMI Addition.
Mayor Divine noted that Ordinance No. 05-10279 was passed on first reading on June 6,
2005 and since that time no comments have been received.
Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Ordinance
No. 05-10279 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 05-10280 providing for the vacation of restricted access on
Old U.S. Highway 40 (Pacific Avenue) in the A -Plus Galvanizing Addition.
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Mayor Divine noted that Ordinance No. 05-10280 was passed on first reading on June 6,
2005 and since that time no comments have been received. Mayor Divine also noted that the
ordinance had been amended since first reading as requested by the City Cominission.
Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Ordinance No.
05-10280 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
(8.3) First reading Ordinance No. 05-10281 amending Chapter 42, Section 42-302 and 42-303
pertaining to permitted and conditional uses in the C-4 district.
Dean Andrew, Director of Planning and Community Development, explained the text
amendments and explained the history of the proposed clarification.
Commissioner Perney recused himself due to conflict of interest.
Moved by Commissioner Jillka, seconded by Commissioner Marrs, to pass Ordinance No.
05-10281 on first reading. Aye: (4). Nay: (0). Abstained: (1) Perney. Motion carried.
Commissioner Perney returned.
(8.4) Resolution No. 05-6194 authorizing the offering for public sale of general obligation
temporary notes and bonds.
(8.4a) First reading Ordinance No. 05-10282 authorizing the issuance and delivery of
$4,210,000 principal amount in general obligation internal improvement bonds, Series
2005-A
Rodney Franz, Director of Finance and Administration, explained the city policy of
issuance of temporary notes and bonds. He also listed the projects that are included in the proposed
issue.
Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution
No. 05-6194. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Marrs, seconded by Commissioner Perney, to pass Ordinance No.
05-10282 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.5) Authorize an agreement for the creation and installation of public art at the Salina Water
Treatment Plant with Kent Williams Environmental Design in the amount not to exceed $118,940.
Martha Tasker, Director of Utilities, explained the agreement.
Ms. Tasker responded to Commissioner Perney's question concerning the new trees that
have been planted at the water plant.
Ms. Tasker then answered Commissioner Marrs' questions regarding; the original contract,
the revised charges, why the contract for the entire project is being issued with. the project manager
instead of having separate agreements with the individual fabricator, and suppliers, design service
charges, contingency costs, and which contractor would be handling the design, and electrical work.
Sydney Schultz, 1218 E. Ellsworth, expressed his disagreement with this project.
Merlin Stevens, 340 Maple, shared his disapproval of the project and shared his opinion of
what real art is.
Moved by Commissioner Marrs, seconded by Commissioner Vanier, to table this
agreement with Kent Williams Environmental Design until revisions are made, and bring the
agreement back to the Commission at their next meeting. Aye: (3). Nay: (2) Perney, Divine. Motion
carried.
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(8.6) Authorize staff to proceed with Phase I of the Soccer Complex Project No. 03-1399.
Shawn O'Leary, Director of Public Works, updated the Commission on the land acquisition
status, and explained the aggressiveness of the proposed schedule for this project. Mr. O'Leary then
commented on all of the work that has been done in the last 45 days by City staff, members of the
Salina Soccer Club, and employees of Wilson & Company.
Mr. O'Leary and Doug Danaher, Wilson & Company, then presented the Commission with
a slide presentation showing the proposed layout of the soccer fields, location of the fields in the
floodway, phasing of the project, the parking lot design, and proposed utilities.
Mr. O'Leary then explained the cost estimate. Mr. O'Leary also noted that once final cost
of Phase 1 is determined, some of the proposed items in Phase 2 of the project might have to be
changed to accommodate the budget.
A discussion followed between Commissioner Marrs, Mr. Danaher, Mr. O'Leary, and Dean
Andrew, Director of Planning and Community Development, concerning the parking lot design. Mr.
O'Leary and Mr. Danaher then responded to Commissioner Marrs' questions regarding the use of well
water and the drainage method.
Mr. O'Leary then explained the proposed lighting, and what efforts are being made to
protect the surrounding property owners.
Commissioner Vanier voiced his concerns with the restroom facilities being removed from
Phase 2 of the project.
Mr. Danaher responded to Commissioner Jilka's question concerning the grading, seeding
and irrigation of the fields.
David Ouderkirk, President of Salina Soccer Club, thanked the Commission and City Staff
for their foresight and work on this project. Mr. Ouderkirk then stated that as a parent he is very
excited to see kids playing competitive soccer in Salina.
Jane Bradbury, 619 Briarcliff, then brought several soccer players forward to make
comments.
Shannon Bradbury, Damien C000per, Jessie (last name unknown), Aaron Davis, Bailey
County, Colleen Bradbury, Kathleen Neuschafer, Steven Lamer, Tanner Counts thanked the
Commission for the new complex.
Moved by Commissioner Vanier, seconded by Commissioner Marrs, to authorize staff to
proceed with Phase I of the Soccer Complex Project No. 03-1399. Aye: (5). Nay: (0). Motion
carried.
(8.7) Approval of Change Order No. 2 for the Ninth Street Bituminous Mill and Overlay, Project
No. 04-1435.
Brad Johnson, City Engineer, explained the project, and clarified that this is Change Order
No. 2, not No. 1. Mr. Johnson then responded to Commissioner Marrs' question concerning how you
determine if the problem is sub -grade failure or pavement failure.
Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve Change
Order No. 2 for the Ninth Street Bituminous Mill and Overlay, Project No. 04-1435 with Ritchie
Paving in the amount of $8,968.35. Aye: (5). Nay: (0). Motion carried.
Mayor Divine thanked staff for all of their hard work during the Smoky Hill River Festival.
(8.8) Request for executive session (legal and personnel).
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Moved by Commissioner Perney, seconded by Commissioner Jilka, to recess into executive
session for 10 minutes to discuss with the City Attorney a matter subject to the attorney client
privilege for the reason that public discussion would waive the privilege and to discuss a personnel
matter involving non -elected personnel of the City for the reason that public discussion of the matter
would violate the privacy rights of the City employee involved.
The City Commission recessed into executive session at 5:46 p.m. and reconvened at 5:56
p.m. No action taken.
Moved by Commissioner Marrs, seconded by Commissioner Perney, to recess into the
current executive session for an additional ten minutes. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 5:56 p.m. and reconvened at 6:06
p.m.
Moved by Commissioner Vanier, seconded by Commissioner Marrs to return to the regular
meeting. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Vanier, seconded by Commissioner Marrs that consistent with
the January 2005 Transition Year Employment Agreement with Dennis Kissinger, that the following
City Manager transition schedule be approved: 1) Incoming City Manager Jason Gage begin his duties
as City Manager on July 5, 2005 and, 2) Outgoing City Manager Dennis Kissin ger's last regular duty
date will be July 15, 2005. The official separation date will be the end of the City's next payroll
quarter, which is September 15, 2005. Aye: (5). Nay: (0). Motion carried.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Marrs, seconded by Commissioner Jilka, that the Regular
Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The
meeting adjourned at 6:09 p.m.
Deborah Divine, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, City Cl
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