06-20-2005 MinutesCommission
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05-6726
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 20, 2005
4:00 p.m.
The City Commission convened at 3:00 p.m. in a Study Session for a 2005 Legislative Report,
Kenwood Park Agreements with USD 305, and Miscellaneous Items. 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
Sidney Shultz, 1218 E. Ellsworth, commented on government spending and to use the
funds more wisely.
Donald Wittman, 317 E. Prescott, commented on government spending.
Mayor Divine announced amnesty program taking place at the Municipal Court.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing on Petition No. 4263, filed by St. Elizabeth Ann Seaton Catholic Church,
requesting the vacation of a portion of a public utility easement in Block 8, Twin Oaks II Subdivision.
(5.1a) First reading Ordinance No. 05-10285.
Commissioner Marrs recused himself due to conflict of interest.
Mayor Divine opened the public hearing.
Brad Johnson, City Engineer, explained the request and the proposed easement.
There being no further comments, the public hearing was closed.
Moved by Commissioner Pemey, seconded by Commissioner Jilka, to adopt Ordinance
No. 05-10285 on first reading. Aye: (4). Nay: (0). Abstained: (1) Marrs. Motion carried.
Commissioner Marrs returned.
CONSENT AGENDA
(6.1) Approve the minutes of June 13, 2005.
(6.2) Reject bids for the 2005 Manhole and Valve Box Regrades, Project No. 05-1520 and
authorize staff to re -bid the project.
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05-6728
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Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve the consent
agenda as presented. Aye: (5). Nay: (0). Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
Commissioner Perney recused himself due to conflict of interest.
(8.1) Second reading Ordinance No. 05-10281 amending Chapter 42, Sections 42-302 and 42-
303 pertaining to permitted and conditional uses in the C-4 district.
Mayor Divine noted that Ordinance No. 05-10281 was passed on first reading and since
that time no comments have been received.
Moved by Commissioner Jilka, seconded by Commissioner Vanier, to adopt Ordinance No.
05-10281 on second reading. A roll call vote was taken. Aye: (4) Jilka, Marrs, Vanier, Divine. Nay:
(0). Abstained: (1) Perney. Motion carried.
Commissioner Perney returned.
(8.2) Authorize agreement with Kent Williams Environmental Design for creation and
installation of public art at the Water Treatment Plant (postponed from the June 13, 2005 meeting).
Shawn O'Leary, Director of Public Works, explained the revisions to the agreement since
the June 13, 2005 meeting. Mr. O'Leary also commented on the original agreements with Wilson &
Company and funding of the project.
Donald Witmman, 317 E. Prescott, questioned the need of the public art.
Mayor Divine responded to Mr. Whitman's inquiry.
Nicolet Mitchel, 127 S. Front Street, commented on the improvements and support of the
project. Ms. Mitchell also commented on the increase in pedestrian and vehicle traffic in the area and
that the atheistic improvement would enhance the area.
George Montis, 1233 Louise Lane, expressed his opposition of spending public funds on
the art project at the Water Treatment Plant.
Melinda Ryburg, 824 Highland Avenue, commented on the PUMA Market Base plan and
how it addressed the use of public art within the downtown area. Ms. Ryburg expressed her support
on the public art project.
Hampton McDowell, 124 Overhill Road, expressed his support of the community public
art and how art demonstrates pride within the community.
Sidney Shultz, 1218 E. Ellsworth, expressed his opposition of the public art. Mr. Shultz
claimed that the majority of the citizens do not want the art.
Donald Whitman commented on the condition of the river and how it contaminates the
water supply.
Mayor Divine noted that she has received a river study that has been conducted by Wilson
& Company.
Commissioner Perney commented the past commitment to the project since the year 2000.
He also noted the importance of following through with the prior Commission's December 2004
decision that instructed staff and the artist to prepare the contract and complete the project.
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Moved by Commissioner Perney, seconded by Commissioner Jilka, to authorize the
agreement with Kent William Environmental Design for creation and installation of public art at the
Water Treatment Plant, in an amount not the exceed $118,940.
Commissioner Jilka commented on the need to review the public art policy prior to starting
a public art project. Commissioner Jilka also noted that he felt that the public art is apart of economic
development.
Commissioner Marrs commented on the history of the project; he felt that the project was
flawed from the beginning, by the scheduling of the project, the commitment from the artist, and that
the art should have been placed in the original project. He continued to state that dealing with public
art issues will always have controversy and the public art guidelines that were originally developed
have never been approved by the City Commission. Commissioner Marrs also felt that a task force
needs to be appointed by the City Commission through the Expression of Interest process, so that they
are representing the City Commission.
Mayor Divine called the question. Aye: (3). Nay: (2) Marrs, Vanier. Motion carried.
(8.3) Approve fabrication and installation of a simulated oak tree in the Smoky Hill Museum
lobby, as part of the Crossroads of the Heartland Gallery Renovation, Project No. 04-1506.
Commissioner Marrs recused himself due to conflict of interest.
Dennis Kissinger, City Manager, explained the project, bids received, and funding of the
element. Mr. Kissinger then responded to Commissioner Jilka's question regarding as to why this
element was not bid with the original project. He also clarified that the project is being funded
through private donations.
Moved by Commissioner Vanier, seconded by Commissioner Perney, to authorize the City
Manager to approve a $15,000 contract with Clarke Design for the fabrication and installation of a
free-standing simulated oak tree for the Smoky Hill Museum lobby. Aye: (4). Nay: (0). Abstained:
(1). Marrs. Motion carried.
Commissioner Marrs returned.
OTHER BUSINESS
Commissioner Perney urged citizens to take advantage of the upcoming public
entertainment that is scheduled in the near future.
ADJOURNMENT
Moved by Commissioner Marrs, 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 4:44 p.m.
[SEAL]
ATTEST:
Lieu Ann Elsey, City
Deborah Divine, Mayor
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