09-12-2005 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
September 12, 2005
4:00 p.m.
The City Commission convened at 2:00 p.m. in a Study Session for a Chamber Services Review. The
W 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.
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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 H
comprising a quorum of the Board, also present:
Jason A. Gage, City Manager
Greg Bengtson, City Attorney
Lieu Ann Elsey, City Clerk
Absent: None
CITIZEN FORUM
None.
Mayor Divine expressed her appreciation to staff and citizens of Salina for their support in
the relief efforts for Hurricane Katrina.
AWARDS - PROCLAMATIONS
(4.1) Resolution No. 05-6211 expressing gratitude and appreciation to Karen M. Lee for her
employment with the City of Salina from April 5, 1995 to September 15, 2005.
05-6836 Moved by Commissioner Marrs, seconded by Commissioner Jilka, to adopt Resolution No.
05-6211. Aye: (5). Nay: (0). Motion carried.
(4.2) Resolution No. 05-6212 expressing gratitude and appreciation to James A. Gross for his
employment with the City of Salina from January 1, 1968 to September 16, 2005.
05-6837 Moved by Commissioner Perney, seconded by Commissioner Marrs, to adopt Resolution
No. 05-6212. Aye: (5). Nay: (0). Motion carried.
Mayor Divine presented plaques of appreciation to Ms. Lee and Mr. Gross and thanked
them for their years of service.
(4.3) The week of September 17 — 23, 2005 as "Constitution Week" in the City of Salina.
Sharon Foust, Constitution Week Chair, read the proclamation.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the minutes of August 22, 2005.
05-6838IIMoved by Commissioner Marrs, seconded by Commissioner Vanier, to approve the
consent agenda as presented. Aye: (5). Nay: (0). Motion carried.
DEVELOPMENT BUSINESS
None.
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ADMINISTRATION
(8.1) First reading Ordinance No. 05-10306 attesting to the possible increase of taxes levied for
budget year 2006 necessary to finance public services.
Rodney Franz, Director of Finance and Administration, explained the State statute
requirement of the ordinance. Mr. Franz continued to explain that the mill levy would not increase
from last year, and the dollar amount levied would be the same as budgeted for the year 2006. Mr.
Franz then responded to Commissioner Perney's question regarding the budgeting year in Section 2 of
the ordinance.
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05-6839 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to pass Ordinance No.
05-10306 on first reading. Aye: (5). Nay: (0). Motion carried.
(8.2) Award of the 2005 Solid Waste Venture Grants.
Shawn O'Leary, Director of Public Works, explained the grant program, requests, and the
Solid Waste Management Committee's recommendation. Mr. O'Leary then responded to
Commissioner Perney's question regarding the disposition of the shredded material and Commissioner
Vanier's question regarding the applications received. He clarified that the grants were not limited to
nonprofit organizations.
05-6940 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to award 2005 Solid
Waste Venture Grants to Community Access TV of Salina, Inc. in the amount of $4,990.50 and
OCCK in the amount of $1,507.50 and authorize the City Manager to sign contracts with the grant
recipients. Aye: (5). Nay: (0). Motion carried.
(8.3) Resolution No. 05-6213 authorizing the sale and conveyance of certain land by the City of
Salina to LTC Properties, Inc.
Greg Bengtson, City Attorney, explained that in 1993 the City issues assisted living
revenue bonds to finance the facility owned by the Sterling Group, LLC. Mr. Bengtson continued to
explain the bond issuance, redemption of the bonds, and transferring of the property title.
05-6941 Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution
No. 05-6213. Aye: (5). Nay: (0). Motion carried.
(8.4) Award of contract for the 2005 Joint and Crack Sealing, Project No. 05-1530.
Brad Johnson, City Engineer, explained the project, bids received, and project funding.
Mr. Johnson then responded to Commissioner Vanier's question regarding if the vendor has done
work for the City in the past and Commissioner Marrs' question regarding if whether future change
orders would be needed.
05-6942 Moved by Commissioner Vanier, seconded by Commissioner Marrs, to award the contract
for the 2005 Joint and Crack Sealing, Project No. 05-1530 to CCS Roadway in the amount of $42,129.
Aye: (5). Nay: (0). Motion carried.
(8.5) Resolution No. 05-6214 authorizing a license agreement with The Compassionate Friends,
Central Kansas Chapter, to construct a monument in Jerry Ivey Park.
Steve Snyder, Director of Parks and Recreation, explained the request, the monument to be
constructed, funding of the monument, and the license agreement.
A discussion then followed between Mayor Divine and Mr. Snyder regarding the City's
policy of placing memorials on city property and future plans of creating a policy.
Another discussion followed between Commissioner Vanier, Mr. Snyder, and Tom
Weatherd, The Compassionate Friends representative, regarding the organization and whether it is a
national organization.
05-694311 Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution
No. 05-6214. Aye: (5). Nay: (0). Motion carried.
(8.6) Approval of a three -party agreement for Construction Engineering Services and
Supplemental Agreement No. 7 for Engineering Services for the North Ohio Street Overpass Project
No. 00-1248.
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Mayor Divine recused herself due to conflict of interest.
Vice -Mayor Marrs assumed the chair.
Shawn O'Leary, Director of Public Works, explained the project, agreements, and project
funding. Mr. O'Leary explained the difference between engineering design services and engineering
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construction services as requested by Commissioner Vanier.
A discussion followed between Vice -Mayor Marrs and Mr. O'Leary regarding review of
the shop drawings and if staff would anticipate future change orders in relation to the shop drawing
review.
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Troy Eisenbraun, Wilson & Company, responded to Vice -Mayor Marrs concerns of future
change orders being needed in the shop drawing review.
05-6944 Moved by Commissioner Pemey, seconded by Commissioner Jilka, to approve a three
party agreement for construction engineering services between Wilson & Company, Kansas
Department of Transportation, and the City of Salina and Supplemental Agreement No. 7 for
engineering services with Wilson & Company for the North Ohio Street Overpass, Project No. 00-
1248. Aye: (4). Nay: (0). Abstain: (1) Divine. Motion carried.
Mayor Divine resumed the chair.
OTHER BUSINESS
05-6945 II Moved by Commissioner Marrs, seconded by Commissioner Vanier, to add Items 9.1 and
9.2 to the agenda. Aye: (5). Nay: (0). Motion carried.
(9.1) Resolution No. 05-6215 appointing Sydney Soderberg to the City Planning Commission.
Mayor Divine announced the appointment.
05-6946 Moved by Commissioner Penney, seconded by Commissioner Marrs, to adopt Resolution
No. 05-6215. Aye: (5). Nay: (0). Motion carried.
(9.2) Appeal of conditions of approval by the City Commission for the final plat of Woodland
Hills Estates No. 2.
Shawn O'Leary, Director of Public Works, explained the request, conditions that were
approved with the final plat, and the applicant's inability to meet one of the conditions pertaining to
the issuance of the Certificate of Completion for all the public improvements and payment of the pond
maintenance fee prior to issuance of building permits for the subdivision. Mr. O'Leary continued to
explain that on August 26, 2005 the developer requested a final inspection of the public infrastructure
improvements and the remaining improvements to be completed including: repairs to new curbs,
inlets, and valley gutters, completion of storm water detention basin improvements, dedication of
storm water detention basin to the City of Salina including payment of pond maintenance fee, and
payment of city inspection fees. He continued to summarize the city's policy of issuance of building
permits prior to completion of the improvements and noted that many surrounding neighbors have
expressed concerns regarding the detention basin and the nuisance abatements of this area.
Jason Gage, City Manager, commented on the city's policy on issuing building permits and
completion of public improvements.
A discussion followed between Commissioner Marrs, Mr. O'Leary, and City Engineer
Brad Johnson regarding the completion status of the detention basin, required standards, and the
quality of work of the improvements.
A discussion followed between Mayor Divine, Commissioner Marrs, Mr. O'Leary, and Mr.
Johnson regarding the 30 day allotment and whether or not if the work could be completed within that
time frame.
Mr. Gage commented on the use of the Certificate of Completion certificate and
requirement of the financial surety.
A discussion followed between Commissioner Marrs, Mayor Divine, Mr. O'Leary, and Mr.
Gage regarding regulating the construction of the improvements.
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Darvin Dent, developer, commented on maintaining the weeds in the detention pond, water
running through the pond, and detaining water from the surrounding subdivisions.
A discussion followed between Mayor Divine and Mr. Dent regarding the 30 day time
period and that no building permits will be issued if the work is not completed in the specified time
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Daryl Bixby, contractor, spoke in favor of the issuance of the building permits and the
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development in Salina.
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Mayor Divine commented on the concerns of drainage and having attractive property
Mr. Bixby responded to Commissioner Vanier's question on the location of the lots that he
wants the building permits on.
Karen Hoeffner, building permit applicant, expressed her support of allowing the building
permits to be issued. Ms. Hoefner continued to comment on the development in Salina.
05-6947 Moved by Commissioner Marrs, seconded by Commissioner Jilka, to approve the appeal
from Darvin Dent with the conditions of requiring a submission of a cash bond in the amount of
$31,000 for remaining infrastructure improvements and payment of city inspection fees, of that
amount $29,600 would be refunded to Mr. Dent upon satisfactory completion of the work; require that
a cash bond in the amount of $31,000 for the pond maintenance fee, upon satisfactory completion of
all improvements to the pond, and acceptance of the dedication of the pond by the City Commission,
the City will assume maintenance of the pond in perpetuity; and allow a maximum of 30 calendar days
starting on September 13, 2005 to complete all remaining public infrastructure improvements and if
the deadline is not met, city staff may suspend the issuance of building permits until another hearing
can be conducted by the City Commission. Aye: (5). Nay: (0). Motion carried.
ADJOURNMENT
05-6948Ij Moved by Commissioner Jilka, 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 5:27 p.m.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, y Clerk
Deborah Divine, Mayor
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