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06-24-1996 MinutesAction # ITY OF SALINA, KANSAS EGULAR MEETING OF THE BOARD OF COMMISSIONERS UNE 24, 1996 :00 P.M. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, June 24, 1996, at 4:00 p.m. There were present: Mayor Evelyn Maxwell, Chairman presiding Commissioner R. Abner Perney Commissioner John Divine Commissioner Peter F. Brungardt Commissioner Kristin M. Seaton comprising a quorum of the Board, also present: I Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. CITIZEN FORUM David Miller, 133 East Lake Drive, a member of the committee that worked on recommendations pertaining to curfew changes, spoke to the Commission about the curfew recommendations. He is concerned with the penalties as the law does not allow the punishment of a child. He explained that the recommendation includes two counseling sessions and then the child is referred to the "Child In Need of Care" program which could remove the child from the home. He contends this process will take too long and feels the penalty needs to be defined and aimed at the violator quickly. Becky Cram, 2351 Northwood Lane, felt a curfew should be realistic and that 10:30 p.m. is too early. She stated the actions of the youths should be looked at, not just the time. She was also concerned about Police treatment of youths indicating that the handcuffing of youths and taking them to the Police Station is unnecessary. Mayor Maxwell noted that our current curfew ordinance was discussed today in the study session. The proposed curfew is for 11:00 p.m. and is subject to public review. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of June 17, 1996. (6.2) Resolution Number 96-5022 authorizing the Mayor to execute a supplemental agreement with the Union Pacific Railroad for a pipeline encroachment. Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to approve all items on the consent agenda. Mayor Maxwell noted a correction to made to the Minutes of June 17 regarding Matching Funds. 96-624A vote was called on the motion to include the noted corrections. Aye: (5) . Nay: (0) . Motion carried. Action h 96-625 96-626 96-627 DEVELOPMENT BUSINESS (7.1) Consider a proposal to exchange surplus park land for comparable property along Dry Creek south of Schilling Road. (7. 1a) Resolution Number 96-5024. Roy Dudark, Director of Planning and Community Development, explained the proposed property exchange. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to adopt Resolution Number 96-5024. The Mayor asked for any public comment. Jeff Nelson, representing John Melvin, noted that tracts 1 and 2 were to be included in the exchange. Mr. Dudark responded to the Mayor's citizen concern regarding the value of the land being given for what is being received. He noted that while he had no figures he felt the value would be comparable and that the City would be receiving the larger portion. The Mayor called for a vote to the motion on the floor. Aye: (5) . �Nay: (0) . Motion carried. (7.2) Consider applications for the 1996 Kansas Emergency Shelter Grant Program. Roy Dudark, Director of Planning and Community Development, explained the applications and requests. He indicated only a portion of the requests will be approved depending on the amount of funds received. He explained that the City acts as a conduit and detailed how the funds will be distributed. He acknowledged there will be administrative costs to the City. Moved by Commissioner Brungardt, seconded by Commissioner Perney, to sponsor the grant applications as presented and authorize the Mayor to sign the applications and related documents. Aye: (5) . Nay: (0) . Motion carried. ADMINISTRATION (8.1) Resolution Number 96-5021 authorizing the installation of traffic control devices. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the regular review of these devices and the proposed installations. He clarified that the resolution provides a public record of the installations and that the proposed stop sign on Stewart Lane intersecting with Brookwood Lane will be a yield sign instead. He noted that all 6 locations meet warrants for stop signs. Dennis Kissinger explained current practices and the City's traffic plan. Along with Mr. O'Leary, Mr. Kissinger also clarified warrants and the criteria for traffic control devices. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to adopt the resolution as has been amended by the City Clerk. Mr. O'Leary clarified the difference on Stewart Lane at Brookwood Lane which requires a yield rather than a stop sign. The Mayor asked for public comment. Keith Lassman, 2419 Stewart Lane, spoke briefly as he had had concerns about the intersection of Stewart and Brookwood Lanes, however was satisfied with the change to a yield sign. The Mayor called for a vote to the motion on the floor. Aye: (5) . Nay: (0) . Motion carried. (8.2) This item, withdrawn from the agenda. (8.3) Resolution Number 96-5026 amending Article 18 of the Personnel Manual regarding Work Regulations. Action h 96-629 96-630 Mike Morgan, Deputy City Manager, explained the proposed changes the City's driving policy. Moved by Commissioner Perney, seconded by Commissioner Divine, to adopt Resolution Number 96-5026 as presented. A vote was then called to the motion on the floor. Aye: (5). Nay: �(0). Motion carried. (8.4) Resolution Number 96-5023 authorizing the Mayor to execute a contract with B.R. Becker and B.R. Becker Trust, for the purchase of property located at 13th and Pacific, and 12th and Pacific, in Neighborhood Service Area Number 1. Steve Snyder, Director of Parks and Recreation, explained the history of the NSAs (Neighborhood Service Areas), the history of NSA Number 1 activities, and the agreement to the proposed purchase of twelve lots. He noted a change on the Blue Sheet that the seller has agreed to sell the property for the sum of $15,000 plus the city will pay an additional $600.00 instead of $400.00 for real estate costs. Mr. Snyder indicated there is an additional $18,102 owed in Special Assessments and back taxes with another $8,479.00 in future specials. Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Resolution Number 96-5023. Dennis Kissinger clarified the purchase is for Neighborhood Development and can be used for housing or sold in the future. He stressed that it is not considered park land, though a portion of it may be used for recreation or some other development, it will not fall under the park sale regulations. Greg Bengtson informed the Commission that there is a possible missing deed that may require a quiet title action so that it may take a little time to close. The Mayor called for a vote to the motion on the floor. Aye: (5) . Nay: (0) . Motion carried. (8.5) Resolution Number 96-5025 providing authorization for wire transfers and investment services approval for effecting securities purchases and sales. Dennis Kissinger, on behalf of Rod Franz, Director of Finance and Administration, requested the Commission table this item for one week to allow for further conference with the auditors. Moved by Commissioner Divine, seconded by Commissioner Seaton, to table this item for one week until July 1, 1.996. Aye: (5). Nay: (0). Motion carried. (8.6) Consideration of a policy to ban smoking at the Salina Bicentennial Center and to consider various construction alternatives. Keith Rawlings, Bicentennial Director, explained this item is a follow up to the prior study session and detailed the 3 alternatives regarding a smoking ban at the Bicentennial Center. He responded to the Mayor's inquiry that there had been no other outside involvement in the decision to ban smoking. The Commission discussed patios for smoking with and without a roof . It was noted that a roof could be added later, with the expression that the more that can be done to enhance the building the better it would be for bookings. Commissioner Seaton asked for clarification on the reason for the cost of a roof to be an additional $27,800. Aaron Daily, Architectural Services Plus, explained the cost of a roof over a patio area. He indicated that the additional cost was due to the use of the similar building standards and materials to match the current building. The Commission discussed staff concerns with having only one patio noting that access to the northwest patio from the south side of the area will require going around the building. Action 96-631 96-632 96-633 Moved by Commissioner Perney, seconded by Commissioner Divine, to adopt Alternative Number 2, Ban smoking with no construction alternatives but grant a waiver for the one or two private events which currently permit smoking due to some practical limitations making a full smoking prohibition less feasible and try it for a year before the construction is considered. Karen Fallis, Assistant Bicentennial Manager, explained that it will be easier to rent the building if there are facilities for smokers. She also informed the Commission that there are 2 annual events that rent the entire building with no smoking restrictions which generate approximately $25,000 income each for the center. She felt the patios could also be rented for special events. Commissioner Seaton would like smoking areas provided by the patios which could also be used for other purposes. Commissioner Divine noted that Salina would be the only large center that offers an alternative if we had the smoking areas and supports Option Number 3, the construction of two patios on the northwest and southwest corners of the arena with a floor, "Chain Link" type fencing capable of being changed to a more decorative fencing/wall and capable of being expanded for a cost of $50,900. The Mayor called a vote to the motion on the floor. Aye: (1). Nay: (4), Seaton, Divine, Brungardt, Maxwell. Motion failed. Mayor Maxwell spoke against the roof and asked for clarification on how close the northwest patio roof would be to the nearest entrance. Mr. Rawlings clarified that the proposed roof would cover only a portion of the patio and explained the locations of the entries. Mr. Daily noted the materials were chosen to match the existing building and to resist smoke damage. He stated that chain link fence was selected as the lowest cost option for fencing that can be removed. In response to further Commission inquiry Mr. Daily began expanding potential option selections to which Commissioner Brungardt interjected that the options presented were sufficient. Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to adopt Option Number 5, the construction of two patios on the northwest and southwest corners of the arena consisting of a floor with brick walls, removable fencing panels without a roof for $69,400. Commissioner Perney noted that a roof should be included for year round use and to be reasonably attractive. He is in favor of Smoking Patio Option Number 7, the construction of two patios on the northwest and southwest corners of the arena with a floor, brick walls, removable fencing and a roof over at least a portion of the patio for a cost of $125,000. Commissioner Divine would like Option Number 7 on the northwest and southwest corner. He asked if staff could ask for base bids with alternatives. Mr. Kissinger noted that it is a common practice to bid in that manner. Commissioner Seaton was asked if she would amend her motion to which she declined. The Mayor called for a vote to the motion on the floor. Aye: (5). Nay: (0). Motion carried. (8.7) Award of contract for the Southwest Area Water Distribution System Improvements, Phase II, Project Number 96-965. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the project and the bids received. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to award the contract to Stevens Contractors, Inc. in the amount of $317,137.50. Aye: (5) . Nay: (0) . Motion carried. Action # 96-634 96-635 8.8) Award of contract for the Schilling Road/Royal Drive Intersection mprovements, Project Number 96-968. Shawn O'Leary, Assistant Director of Engineering and Utilities, xplained the project and the bids received. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to award the contract to Stevens Contractors, Inc. in the amount of $25,660. Aye: (5). Nay: (0). Motion carried. None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Divine, seconded by Commissioner Seaton, that the Regular Meeting of the Board of Commissioners be adjourned. The Mayor asked bicyclists to ride on the same side of the street as cars then called for a vote to the motion on the floor. Aye: (5) . Nay: (0) . Motion carried. The meeting adjourned at 5:27 p.m. A-Owe,-V� Ev n Maxwell, Mayor [ SEAL] ATTEST: D. ig,0Ci'ty4CIer'kY'