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:
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