07-11-2005 MinutesCommission
Action #
1
1
a
o
o
U
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 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:
Mayor Deborah P. Divine, Chairman presiding
Commissioner Alan E. Jilka
Commissioner Donnie D. Marrs (late)
Commissioner R. Abner Perney
Commissioner John K. Vanier II
comprising a quorum of the Board, also present:
Jason Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) Resolution No. 05-6196 expressing gratitude and appreciation to Dennis Kissinger for his
leadership and outstanding management during his employment with the City of Salina from February
15, 1988 to July 4, 2005.
05-6749 Moved by Commissioner Jilka, seconded by Commissioner Perney, to adopt Resolution
No. 05-6196. Aye: (4). Nay: (0). Motion carried.
Mayor Divine presented Mr. Kissinger with his plaque of appreciation.
Mr. Kissinger expressed his gratitude and gratefulness for the opportunity to serve the
community and organization. Mr. Kissinger also thanked his family and city staff.
Mayor Divine welcomed City Manager Jason Gage. Mr. Gage thanked the Commission
for giving him the opportunity to serve the community and organization.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of June 27, 2005.
(6.2) Authorize purchase of 15 mannequins from Dorfinan Museum Figures, Inc. in the amount
of $12,991.25.
(6.3) Approval of Change Order No. 1 for the 2005 Asphalt Arterial Major Maintenance Project
No. 05-1529 to APAC-Kansas, Inc., Shears Division in the amount of $38,771.25.
(6.4) Award of contract for the Grit Channel and Effluent Box Rehabilitation, Project No. 05-
1543 to Mayer Specialty Services in the amount of $63,700.
05-6750 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve the consent
agenda with a correction to Action No. 05-6745 of Item 6.1 to reflect the vote taken. Aye: (4). Nay:
(0). Motion carried.
Page 1
Commission
Action #
DEVELOPMENT BUSINESS
None.
z
ADMINISTRATION
w
(8.1) Second reading Ordinance No. 05-10283 amending Chapter 25 of the Salina Code by
L
repealing Section 25-160 pertaining to storage of firearms.
0
Mayor Divine noted that Ordinance No. 05-10283 was passed on first reading on June 27,
2005 and since that time no comments have been received.
05-6751 Moved by Commissioner Vanier, seconded by Commissioner Perney, to adopt Ordinance
No. 05-10283 on second reading. A roll call vote was taken. Aye: (4) Jilka, Perney, Vanier, Divine.
Nay: (0). Motion carried.
(8.2) Second reading Ordinance No. 05-10284 amending Chapter 38 of the Salina Code by
repealing Section 38-118 regulating the sounding of train horns or whistles at two street intersections.
Mayor Divine noted that Ordinance No. 05-10284 was passed on first reading on June 27,
2005 and since that time no comments have been received.
05-6752 Moved by Commissioner Vanier, seconded by Commissioner Perney, to adopt Ordinance
No. 05-10284 on second reading. A roll call vote was taken. Aye: (4) Jilka, Perney, Vanier, Divine.
Nay: (0). Motion carried.
(8.3) Second reading Ordinance No. 05-10286 providing a change in zoning district
classification from R-2 to PC -3 on property legally described as Lots 1, 2 and 3, Block 4, Shalimar
Plaza Addition.
Mayor Divine noted that Ordinance No. 05-10286 was passed on first reading on June 27,
2005 and since that time no comments have been received.
05-6753 Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Ordinance
No. 05-10286 on second reading. A roll call vote was taken. Aye: (4) Jilka, Perney, Vanier, Divine.
Nay: (0). Motion carried.
(8.4) Second reading Ordinance No. 05-10287 providing a change in zoning district
classification from Saline County AG to PDD(R) in the Highland Meadows Hamlet Woodlands
Addition.
Mayor Divine noted that Ordinance No. 05-10287 was passed on first reading on June 27,
2005 and since that time no comments have been received. Mayor Divine also noted that a new
section has been added to the ordinance to reflect the City Commission's intent to repeal Condition
No. 6 in Ordinance No. 95-9691.
05-6754 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to adopt Ordinance No.
05-10287 on second reading. A roll call vote was taken. Aye: (4) Jilka, Perney, Vanier, Divine. Nay:
(0). Motion carried.
(8.5) Second reading Ordinance No. 05-10288 annexing the Highland Meadows Hamlet
Woodlands Addition.
Mayor Divine noted that Ordinance No. 05-10288 was passed on first reading on June 27,
2005 and since that time no comments have been received.
05-6755 Moved by Commissioner Vanier, seconded by Commissioner Perney, to adopt Ordinance
No. 05-10288 on second reading. A roll call vote was taken. Aye: (4) Jilka, Perney, Vanier, Divine.
Nay: (0). Motion carried.
Page 2
Commission
Action #
(8.6) Second reading Ordinance No. 05-10289 granting Kansas Gas Service a natural gas
franchise.
(8.6a) Second reading Ordinance No. 05-10291 pertaining to the transportation,
N distribution, and sale of natural gas.
Z Mayor Divine noted that Ordinance No. 05-10291 was passed on first reading on June 27,
m 2005 and since that time no comments have been received.
City Manager Jason Gage noted non -substantive changes have been made to the ordinance
since first reading.
0
U
Commissioner Vanier questioned Section 3(b) of the ordinance regarding that upon written
request of either the City or the Company, the franchise may be reviewed after five years.
Greg Bengtson, City Attorney, suggested that the item be tabled until the Kansas Gas
Service representative is present.
Commissioner Marrs entered.
05-6756 Moved by Commissioner Vanier, seconded by Commissioner Jilka, to lay on the table
Items 8.6 and 8.6a until after Item 8.11. Aye: (5) Jilka, Perney, Vanier, Divine. Nay: (0). Motion
carried.
(8.7) Second reading Ordinance No. 05-10292 granting an electric franchise to Westar Energy,
Inc.
Mayor Divine noted that Ordinance No. 05-10292 was passed on first reading on June 27,
2005 and since that time no comments have been received.
Jason Gage, City Manager, noted that non -substantive changes have been made to the
ordinance since first reading.
05-6757 Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Ordinance No.
05-10292 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
(8.8) First reading Ordinance No. 05-10293 amending Ordinance No. 02-10118 establishing a
capital cost recovery charge for the purpose of paying a portion of the cost of a water distribution
system in the vicinity of South Ninth Street and Water Well Road.
(8.8a) First reading Ordinance No. 05-10294 amending Ordinance No. 02-10119
establishing a capital cost recovery charge for the purpose of paying a portion of the cost of
a sanitary sewer collection system in the vicinity of South Ninth Street and Water Well
Road.
Dean Andrew, Director of Planning and Community Development, explained the
amendments and the reason to reallocate the cost of the improvements if a portion of the benefit
district is made unbuildable.
A discussion followed between Commissioner Marrs, Mr. Andrew, and Director of Public
Works Shawn O'Leary regarding the need for storm water detention on Tracts 3 and 4 and recovering
the cost of the improvements.
05-6758 Moved by Commissioner Marrs, seconded by Commissioner Perney, to pass Ordinance No.
05-10293 on first reading. Aye: (5). Nay: (0). Motion carried.
05-6759II Moved by Commissioner Jilka, seconded by Commissioner Vanier, to pass Ordinance No.
05-10294 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.9) Award of contract for design services in connection with the replacement of the operable
wall in Heritage Hall.
Page 3
Commission
Action #
Commissioner Marrs recused himself due to conflict of interest.
Keith Rawlings, Bicentennial Center Director, explained the project and bids received.
05-6760 Moved by Commissioner Jilka, seconded by Commissioner Perney, to award the contract
Z
for design services in connection with the replacement of the operable wall in Heritage Hall to DMA
w Architects, PA, in the amount of $4,000. Aye: (4). Nay: (0). Abstained: (1) Marrs. Motion carried.
a
Commissioner Marrs returned.
0
(8.10) Award of contract for the Salina Soccer Complex Earthwork, Project No. 03-1399.
Shawn O'Leary, Director of Public Works, explained the project, bids received and the
need to award the contract concurrent to the finalization of the eminent domain land acquisition
process. Mr. O'Leary then responded to Commissioner Marrs' questions regarding parking lot
improvements. Mr. O'Leary clarified that the parking lot improvements are addressed in Phase H of
the project.
Evelyn Maxwell, 414 Wayne Avenue, questioned the Commission on how the project
would be financed. Mayor Divine and Mr. O'Leary responded.
05-6761 Moved by Commissioner Vanier, seconded by Commissioner Perney, to award the contract
for the Salina Soccer Complex Earthwork, Project No. 03-1399 to Malm Construction Company in the
amount of $223,926 pending finalization of the eminent domain land acquisition process. Aye: (5).
Nay: (0). Motion carried.
(8.11) Authorize sale of General Obligation Bonds 2005-A and Temporary Notes Series 2005-1.
(8.11. a) Receive report on bids received on bonds and notes.
(8.1 lb) Second reading Ordinance No. 05-10282 authorizing the issuance and delivery
of $4,210,000 principal amount of General Obligation Internal Improvement Bonds, Series
2005-A.
(8.11 c) Resolution No. 05-6199 prescribing the form and details of and authorizing the
delivery of $4,210,000 principal amount of General Obligation Internal Improvement
Bonds, Series 2005-A.
(8.11d) Resolution No. 05-6198 authorizing and directing the issuance, sale and
delivery of $500,000 principal amount of General Obligation Temporary Notes, Series
2005-1.
Rodney Franz, Director of Finance and Administration, outlined the bids received and the
low bid for the temporary notes went to Commerce Bank at a rate of 2.782872% and the bids for the
GO Bonds went to Country Club Bank at a rate of 3.557517%.
David Arteberry, George K. Baum Company, commented on the Moody's rating upgrade
and the rating letter that was included in the City Commission's packet.
05-6762 Moved by Commissioner Jilka, seconded by Commissioner Marrs, to adopt Ordinance No.
05-10282 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
05-6763 1 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to adopt Resolution
No. 05-6199. Aye: (5). Nay: (0). Motion carried.
05-6764II Moved by Commissioner Perney, seconded by Commissioner Vanier, to adopt Resolution
No. 05-6198. Aye: (5). Nay: (0). Motion carried.
05-676511 Moved by Commissioner Vanier, seconded by Commissioner Perney, to remove Item 8.6
and 8.6a from the table. Aye: (5). Nay: (0). Motion carried.
Page 4
Commission
Action #
Greg Bengtson, City Attorney, suggested allowing Kansas Gas Service representatives to
address Commissioner Vanier's concerns.
James Lambert, Kansas Gas Service, commented on the wording in Section 3(b) in
question, advising the Commission that they would prefer to leave it as is.
Z
w Greg Bengtson, commented on Section 3(b), and noted that the last sentence of the
Nsubsection pertaining to the City and the Company shall negotiate in good faith in an effort to agree
upon mutually satisfactory amendments.
0
05-6766 Moved by Commissioner Jilka, seconded by Commissioner Permey, to adopt Ordinance
No. 05-10289 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
05-6767 Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Ordinance
No. 05-10291 on second reading. A roll call vote was taken. Aye: (5) Jilka, Marrs, Perney, Vanier,
Divine. Nay: (0). Motion carried.
OTHER BUSINESS
05-6768 Moved by Commissioner Marrs, seconded by Commissioner Jilka, to recess into executive
session for ten 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 5:06 p.m. Aye: (5). Nay: (0). Motion
carried.
The City Commission recessed into executive session at 4:56 p.m. and reconvened at 5:06
p.m.
05-6769 Moved by Commissioner Marrs, seconded by Commissioner Perney, to reconvene into
regular session. Aye: (5). Nay: (0). Motion carried.
05-6770 Moved by Commissioner Vanier, seconded by Commissioner Marrs, to authorize the city
staff to pay into the Saline County District Court in Case No. 05 -CVC -182 stipulated compensation in
the sum of $109,200, plus appraisers fees of $1,850 in consideration for final resolution of the eminent
domain proceeding and dismissal of the pending action for injunctive relief. Aye: (5). Nay: (0).
Motion carried.
ADJOURNMENT
05-6771 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 5:08 p.m. 4�
Deborah Divine, Mayor
[SEAL]
A TEST:
Lieu Ann Elsey, City Cl
Page 5