Loading...
02-27-2006 MinutesCommission Action # CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS February 27, 2006 4:00 p.m. The City Commission convened at 2:30 p.m. in a Study Session on the Food Handler's Food w Ordinance. 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. 0 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: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk Absent: None 06-7121 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to add Item 9.1 to the agenda. Aye: (5). Nay: (0). Motion carried. CITIZEN FORUM None. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on Petition No. 4272, filed by Sean Fischer, requesting the vacation of a 14 - foot utility easement located along the southeast property line of Lot 17, Block 7 of the Replat of Indian Rock Addition. (5.1a) First reading Ordinance No. 06-10324. Mayor Divine opened the public hearing. Brad Johnson, City Engineer, explained the request. Mr. Johnson continued to explain the recommendation on vacating a portion of easement. Mr. Johnson responded to Mayor Divine's question on other utilities located within the easement. Mr. Johnson clarified that there were none. There being no further comments, the public hearing was closed. 06-7126 Moved by Commissioner Marrs, seconded by Commissioner Vanier, to pass Ordinance No. 06-10324 on first reading. Aye: (5). Nay: (0). Motion carried. CONSENT AGENDA (6.1) Approve the minutes of February 13, 2006. (6.2) Award of contract for removal and replacement of trees in the downtown area to Kansas Tree Services in the amount of $15,235. (6.3) Award of contract for the Lakewood Lodge Discovery Center roof placement (Project No. 06-1557) to Lewis Roofing in the amount of $10,700. Page 1 Commission Action # (6.4) Approve purchase of a cemetery kiosk system from Cemetery Kiosk Systems in the amount of $14,000. (6.5) Award of contract for the Smoky Hill Museum (Crossroads of the Heartland) Sign Z Production services to Clarke Design in the amount not to exceed $16,100. a w (6.6) Approve the agreement for landfill annual professional engineering services with Camp Dresser and McKee in the amount not to exceed $68,300. a_ 0 (6.7) Authorize the purchase of odor/corrosion control media from Calgon Carbon Corporation in the amount of $209,953.75. Commissioners Jilka and Marrs requested that Items 6.5 and 6.6 be removed from the consent agenda. 06-7120 Moved by Commissioner Jilka, seconded by Commissioner Perney, to approve Items 6.1 through 6.4 and 6.7 of the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. John Highkin, Director of Arts and Humanities, and Jason Gage, City Manager, responded to Commissioner Marrs' questions regarding installation of the sign and insurance requirements. 06-7128 Moved by Commissioner Perney, seconded by Commissioner Vanier, to award of contract for the Smoky Hill Museum (Crossroads of the Heartland) Sign Production services to Clarke Design in the amount not to exceed $16,100 with the condition that all City's insurance requirements are met. Aye: (5). Nay: (0). Motion carried. Michael Fraser, Director of General Services, responded to Commissioners Jilka, Marrs, and Vanier's questions regarding the emission test and fees. 06-7129 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to approve the agreement for landfill annual professional engineering services with Camp Dresser and McKee in the amount not to exceed $68,300. Aye: (5). Nay: (0). Motion carried. None. DEVELOPMENT BUSINESS ADMINISTRATION (8.1) Resolution No. 06-6249 acknowledging receipt of FCC Form 1240 from Cox Communications and approving a proposed change in the cable television basic service rate. television. Jason Gage, City Manager, explained the rate change. Brian Duncan, 1833 '/2 S. 9th Street, commented on the importance of educational Commissioner Jilka commented on the telecom act. 06-713C Moved by Commissioner Vanier, seconded by Commissioner Marrs, to adopt Resolution No. 06-6249. Aye: (5). Nay: (0). Motion carried. (8.2) Resolution No. 06-6253 naming the stage in Oakdale Park. Steve Snyder, Director of Parks and Recreation, explained the request, the Parks and Recreation Advisory Board's recommendations, and actions taken by the board and the Arts and Humanities Commission at their joint meeting in December of 2005. Mr. Snyder then responded to Commissioner Jilka's question regarding any previous naming of the stage, the City Commission's jurisdiction of naming of city facilities, the city department's involvement in the design and the constructing of the stage, the use of the stage, and actions taken by the Parks & Recreation Advisory Board and the Arts and Humanities Commission at the joint meeting. Page 2 Commission Action # Mayor Divine stated her concerns in using a naming of facilities policy that was never adopted by the City Commission and it being used as the basis of this action; that the issue of the stage naming was concluded by previous City Commission action; an uncertified and unvalidated petition was used to direct city business; an elected city official sent letters to appointed board members to N influence their actions; the joint meeting between the Arts and Humanities and Parks and Recreation z Boards never reached consensus as was requested by the City Commission, and that a public comment W period was allowed during the joint meeting, but no record of a notice of meeting was provided. L Jason Gage, City Manager, responded to Mayor Divine's questions regarding petition L requirements and the policy of naming city facilities. 750 A discussion followed between Commissioner Jilka and Mayor Divine regarding the naming policy. Commissioner Marrs commented that he had hoped that the Arts and Humanities Commission and Parks and Recreation Board would resolve the issue by sending it back for further discussion. Commissioner Marrs commented on the importance of having a naming ordinance, and that he felt that the current procedures had been followed, and proposed other alternatives. Mayor Divine felt that the procedures were inadequate to enable them to proceed with the issue. Commissioner Pemey commented on the stage never being named and naming policy. He suggested adopting the resolution with conditions that the current plaques not be removed and the new signage or artwork reflecting the new name be approved by the Parks and Recreation and the Arts and Humanities. Commissioner Vanier commented on the need for a policy change and petition requirements and could not support this issue with the policy we have today. Mr. Snyder stated that the policy was presented to the City Commission during a study session in 1995 and the 60 day requirement was added, but the policy was not taken back to the City Commission for formal adoption. Mr. Gage responded to Commissioner Vanier's question regarding petition requirements. Mr. Gage continued to comment on the naming policy, responsibilities of the boards and commission members and the joint meeting between the Parks and Recreation Advisory Board and the Arts and Humanities Commission. A discussion followed between Commissioner Jilka, Commissioner Perney, and Mayor Divine regarding the issue of not removing the plaques and the City departments' role of constructing the stage, and property ownership. Mayor Divine expressed concerns of the divisiveness created and the procedure. Mr. Snyder responded to Commissioner Jilka's question regarding the naming of Bill Burke Park; he clarified to the City Commission that the same policy was used. Mr. Gage commented on possible changes to the policy. Randall Hardy, 816 Highland Avenue, stated that he supports the recognition of Eric Stein, but questioned the renaming of the stage to honor him. Jim Dubois, chair of the Parks and Recreation Advisory Board, commented that he felt the guidelines were followed and the board's support of renaming. Mr. Dubois explained actions taken by the board and the Art and Humanities Commission at the joint meeting. He then submitted a letter of support from Jerry Ivey II. John Divine, 1748 Glen Avenue, commented on the naming policy. Mr. Divine felt that criteria requirements need to be implemented into the policy, and that the City Commission should not make a decision until the criteria has been determined. Marilyn Benyshek, 58 Fairdale Road, expressed her support of the request and commented that it was not the intent to remove the plaques that are currently in place. Page 3 Commission Action # 1 Ellen Morgan, 9 Tenlawns, felt that the policy needs to be looked at and did not support the renaming. Glen Kohr, 452 Queens Road, expressed his support of the renaming and that you should z not have to wait until someone is deceased. a w Martha Rhea, 1900 Springer Court, felt that Eric Stein deserves to be recognized, but felt that the naming of the stage would be inappropriate. Ms. Rhea continued to explain that she felt that it was inappropriate because the project was funded by private and public funds. 0 U Shawn Jennings, 1008 E. Claflin Avenue, expressed her support for the renaming. Betsy Scholten, 700 Victoria Heights Terrace, speaking on behalf of Wanda Anderson, in opposition of the renaming due to the stage being constructed with the use of private funds, stating that memorials that were left in honor of the late Dick Anderson were contributed to the construction of the stage. Brian Duncan, 1933 '/z S. Ninth Street, expressed his support of the renaming. Colleen Jewell, 1120 Roach, expressed her support of the renaming and felt that the policy should be changed after a decision has been made. Bud Jilka, 2026 Leland Way, expressed his support of the renaming. Jerry Shoemaker, 1522 Austin Circle, expressed his support of the renaming. Jack Stewart, 679 S. l Oth, expressed his support of the renaming. A discussion followed between Commissioner Jilka and Commissioner Perney on conditions that may be placed on the resolution. 06-7131 Moved by Commissioner Jilka, seconded by Commissioner Pemey, to approve Resolution No. 06-6253 with the condition that the existing plaques not be removed and the Parks and Recreation Department and the Arts and Humanities Commission work together in the design of marking the stage with the new name and that it be sent back to the City Commission for approval. Commissioner Jilka commented on his understanding of Commissioner Pemey's concerns of the plaques, Commissioner Marrs' previous desire for the two committees to reach a compromise concerning this issue, Commissioner Vanier's concerns of the policy change, and Mayor Divine's objection of naming of public facilities and her previous actions supporting the naming of the Ken Nordboe tennis courts and the Verla Jocelyn Nesbitt golf course. Mayor Divine called the question. Aye: (3). Nay: (2) Divine, Vanier. Motion carried. (8.3) Resolution No. 06-6254 appointing members to various boards and commissions. Mayor Divine announced the appointments. 06-713 Moved by Commissioner Jilka, seconded by Commissioner Vanier, to adopt Resolution No. 06-6254. Aye: (5). Nay: (0). Motion carried. (8.4) Resolution No. 06-6251 finding to the advisability and authorizing sanitary sewer improvements in Liberty Addition No. 2. Brad Johnson, City Engineer, explained the request, feasibility, improvements, and funding of the improvements. Mr. Johnson, Director of Public Works Shawn O'Leary, and City Attorney Greg Bengtson then responded to Commissioner Marrs' question regarding the deferral request and the security requirement. James Hall, South Ohio Land, commented on the project, the annexation agreement with the City, and the security requirement. Page 4 Commission Action # 06-713�I Moved by Commissioner Marrs, seconded by Commissioner Vanier, to adopt Resolution No. 06-6251. Aye: (5). Nay: (0). Motion carried. (8.5) Approval of a second extension to the Exclusive Representation Rights Agreement with Z Daktronics Sports Marketing. a w Keith Rawlings, Bicentennial Center Director, explained the current agreement, extension agreement, and funding. Mr. Rawlings also responded to Commissioner Vanier's question regarding progress of the project. 0 06-7134 Moved by Commissioner Marrs, seconded by Commissioner Pemey, to approve the second extension to the Exclusive Representation Rights Agreement with Daktronics Sports Marketing. Aye: (5). Nay: (0). Motion carried. (8.6) Consider request from Salina Downtown, Inc. for continued funding of the exterior fagade grant. Jason Gage, City Manager, explained the request, use of funds, and criteria. Gayle Martin, Salina Downtown, Inc. Executive Director, responded to Commissioner Vanier's question regarding their grant funding policy. 06-7131 Moved by Commissioner Perney, seconded by Commissioner Jilka, to approve the request II for continued funding in the amount of $12,000 for 2006. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Resolution No. 06-6255 authorizing the Mayor to sign the Covenants and Dedications relating to New Track Connection and Amending an Oil and Gas Lease Relating to a Producing Oil Well. Greg Bengtson, City Attorney, outlined the property acquired, construction of the track, covenants and dedications, mineral interest, and the oil and gas lease. He then responded to Commissioner Pemey's question regarding future uses of the easement. 06-713 Moved Moved by Commissioner Marrs, seconded by Commissioner Perney, to adopt Resolution No. 06-6255. Aye: (5). Nay: (0). Motion carried. Mayor Divine announced that the Greater Salina Community Foundation is accepting nominations for outstanding citizenship. Commissioner Marrs acknowledged Mayor Divine's 18th wedding anniversary. ADJOURNMENT 06-7137 Moved by Commissioner Jilka, seconded by Commissioner Vanier, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:06 p.m. , Deborah Divine, Mayor [SEAL] ATTEST: Lieu Ann Elsey, CMC, City lerk Page 5