07-22-1996 MinutesAction #
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE
JULY 22, 1996
4:00 p.m.
BOARD OF COMMISSIONERS
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, July 22, 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:
Absent:
Greg Bengtson, City Attorney
Mike Morgan, Deputy City Manager
Judy D. Long, City Clerk
Dennis M. Kissinger, City Manager
CITIZEN FORUM
Don Darling, 1036 Scott, distributed a letter to the Commissioners and
spoke regarding ditches, flooding and the interceptor sewer. He asked if
petitions for Diversion Permits had been applied for and was assured by Shawn
O'Leary, Assistant Director of Engineering and Utilities, that they had and
further should be received within the next thirty days. Mr. Darling
suggested a half cent sales tax be implemented to raise funds and that a
committee of four be established to administer those funds.
AWARDS - PROCLAMATIONS
(4.1) The Day of Tuesday, August 6, 1996 as 'NATIONAL NIGHT OUT' in
the City of Salina. The proclamation was read by Barbara Thompson, Volunteer
of Crime Prevention Committee.
(4.2) The Week of July 28th through August 3rd, 1996 as 'NATIONAL
HOSPITALITY HOUSE WEEK' in the City of Salina. The proclamation was read
by Linda Tyson, Manager of the Rebecca A. Morrison House, who was
introduced by Thomas P. Martin, Executive Director of the Salina Regional
Health Center Foundation.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Continuation of public hearing and report on Petition Number 4119
requesting the vacation of the existing public street right-of-way for Ridgelea
Drive, west of Starlight Drive, in Rolling Hills Addition.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the petition request, utilities in this right-of-way, and the
opposition by the property owners who would be served by this road if it were
improved. He recommended the petition be denied and the adjacent property
owners to the west be granted their right of refusal of this petition for future
development. He further clarified that it is the adjacent property owners
responsibility to maintain adjacent property as the petitioners have and that
they can use it for their own purposes until such time as the street is opened.
Mayor Maxwell called the public hearing to order.
Jean Cyr, petitioner, spoke in favor of the vacation. She clarified
that the petitioners thought there was no possibility of this street being
improved and asked that the request be approved.
There being no other comments the Mayor declared the public
hearing closed .
96-663 Moved by Commissioner Perney, seconded by Commissioner Seaton, to
deny the petition due to potential future development use. Aye: (5). Nay:
(0). Motion carried.
Action h
96-664
96-665
(5.2) Hearing to show cause why the licenses for Heartland Bail Bonding
and its associated agents should not be revoked for failure to pay forfeited
bonds to the Salina Municipal Court.
Judy Long, City Clerk, explained that Heartland Bail Boding had
failed to pay a $3,000.00 forfeited bond to the court by the date ordered by
the judge. As of this time the bond still remains unpaid. Staff recommends
that the licenses be revoked and the bond be collected with Heartland's letter
of credit.
Mayor Maxwell called the public hearing to order.
Dick Blackwell, representing Heartland Bail Bonding, explained legal
problems with a former employee and securing records from this employee. He
noted this defendant is in Louisiana, has been apprehended and released, and
has retained Mike Sheahan to represent him. Mr. Blackwell asked for a two
week extension of the public hearing stating that the case would be disposed
of in a week or two.
Commissioner Brungardt stated that the Code is very clear. Deputy
City Manager, Mike Morgan, noted he was willing to continue the hearing.
There were no other comments.
Moved by Commissioner Divine, seconded by Commissioner Perney, to
continue the public hearing until August 5, 1996. Aye: (5) . Nay: (0) .
Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of July 15, 1996.
(6.2) Approve the 1996 Fall Street Marking Project and authorize staff to
establish a date to receive bids.
(6.3) Approve the notice of hearing for the 1997 budget, setting August
12, 1996, 4:00 p.m. as the day for the public hearing on the 1997 budget.
(6.4) Petition Number 4122, filed by Rod Hancock, requesting water main
improvements in the Valley View Addition and Unplatted Tract A, referred to
City Engineer.
(6.5) Petition Number 4123, filed by Don Tasker, requesting certain street
and utility improvements in the Tasker Addition, referred to City Engineer.
(6.6) Approve the Crawford Street/Marymount Road Intersection
Improvements, Project Number 96-969 and authorize setting a bid date.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve all items on the consent agenda.
Mayor Maxwell asked that the grant amount and the matching funds
in item 8.4 be added to the minutes of July 15, 1996 and asked for a vote to
approve the consent agenda as amended. Aye: (5). Nay: (0). Motion
carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9750 amending Section 25-63 of
the Salina Code pertaining to Violation of Protective Orders.
96-666 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Ordinance Number 96-9750 on second reading. A roll call
vote was taken. Aye: (5), Perney, Seaton, Divine, Brungardt, Maxwell.
Nay: (0) . Motion carried.
(8.2) Second reading Ordinance Number 96-9751 amending Chapter 34 of
the Salina Code by establishing the membership of the Salina/Saline County
Solid Waste Management Committee.
f nmmia�iY'i
Action A
96-667
.�r.T�. �
96-669
96-670
96-671
96-672
96-673
Moved by Commissioner Seaton, seconded by Commissioner Divine, to
adopt Ordinance Number 96-9751 on second reading. Aye: (5), Perney,
Seaton, Divine, Brungardt, Maxwell. Nay: (0) . Motion carried.
(8.3) Amendment of Chapter 38 of the Salina Code by adoption of the 1996
Standard Traffic Ordinance and repealing Sections 38-5 and 38-6.
(8.3a) First reading Ordinance Number 96-9752.
Greg Bengtson explained the amendment to the Standard Traffic
Ordinance.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to adopt Ordinance Number 96-9752 for first reading, Aye: (5) .
Nay: (0). Motion carried.
(8.3b) First reading Ordinance Number 96-9753.
Greg Bengtson explained that this ordinance repeals two sections
that are obsolete.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
adopt Ordinance Number 96-9753 for first reading. Aye: (5) . Nay: (0) .
Motion carried.
(8.4) Report on validity and submittal of engineering feasibility report for
Petition Number 4121, filed by Mr. Frank Torcia, Vice President of Dickinson,
Inc., requesting certain street, drainage and utility improvements in Belmont
Plaza Addition.
(8.4a) Resolution Number 96-5037.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the requested improvements declaring the petition valid and sufficient
stating that most of the costs would be borne by the improvement district with
5% of the cost of demolishing existing pavement to be paid by the City at large
if it is removed.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to accept the report on feasibility and sufficiency and adopt
Resolution Number 96-5037 authorizing and ordering the improvements as
amended. Aye: (5) . Nay: (0) . Motion carried.
(8.5) Resolution Number 96-5038 authorizing the Mayor to enter into a
supplemental agreement with Bucher, Willis & Ratliff to provide additional
engineering services related to the painting of the Gypsum Hill Water Tower.
Don Hoff, Director of Engineering and Utilities, explained the
supplemental agreement noting the earlier deductive change order for this
project with the total additional cost to the City being $3,298.61.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 96-5038. Aye: (5) . Nay: (0) . Motion
carried.
(8.6) Resolution Number 96-5039 designating parking zones in the
downtown area.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the proposed changes submitted by the Salina Business Improvement
District Number 1.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
adopt Resolution Number 96-5039. Aye: (5) . Nay: (0) . Motion carried.
(8.7) Award of contract for the Rehabilitation of Wastewater Pump Station
Number 13, Project Number 95-925.
Don Hoff, Director of Engineering and Utilities, explained the bids
received.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to award the contract for Project Number 95-925 to Smoky Hill, L.L.C.
in the amount of $643,114. Aye: (5) . Nay: (0) . Motion carried.
Action
96-674
96-675
96-676
(8.8) Report on bids received for replacement of the floor tile in Heritage
Hall.
Keith Rawlings, Bicentennial Center Director, explained the bids
received.
Moved by Commissioner Perney, seconded by Commissioner Divine, to
award the contract for the replacement of the floor tile in Heritage Hall to
Vitztum Commercial Flooring in the amount of $23,583. Aye: (5). Nay: (0).
Motion carried.
(8.9) Executive Session to discuss a real estate matter.
Moved by Commissioner Divine, seconded by Commissioner Perney,
that the City Commission recess into executive session for the purpose of
conducting discussions relating to the acquisition of real property for the
reason that public discussion of the matter would adversely affect the City's
ability to potentially acquire the real property at the least public expense and
under the most favorable terms possible; and that the Commission reconvene in
this room in 15 minutes or at 5:25 p.m. Aye: (5). Nay: (0). Motion
carried. No action was expected.
The Board of Commissioners recessed at 5:10 p.m. and reconvened
at 5:23 p.m. No action was taken.
OTHER BUSINESS
(9.1) Mayor Maxwell noted there will not be a meeting of the City
Commissioners next Monday.
ADJOURNMENT
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
that the Regular Meeting of the Board of Commissioners be adjourned.
Aye:(5). Nay: (0). Motion carried. The meeting adjourned at 5:24 p.m.
[SEAL]
ATTEST:
City Cler
Evelyy Maxwell, Mayor
+i
Deputy City Manager • Michael W. Morgan
City -County Building • 300 West Ash Street • P.O. Box 736
Alf 100 k
i T v • o f Salina, Kansas 67402-0736
SALinaTELEPHONE (913) 826-7250 9 FA,`{ (913) 826-7248 • TDD (913) 826-7333
MEMORANDUM
TO: File /
FROM: Mike Morgan
DATE: August 19, 1996
SUBJECT- Resolution 96-5038
The purpose of this memo is to document a conversation I had with John Divine
following the July 22, 1996 City Commission meeting. Commissioner Divine informed
me that due to an oversight on his part, he forgot to abstain from voting on Resolution
96-5038. Commissioner Divine's failure to abstain had no impact on the passage of this
item, as it was approved 5-0. Further, Commissioner Divine did not participate in any of
the discussion of the item.
This Resolution dealt with approval of a supplemental agreement submitted by
Bucher Willis and Ratliff to provide additional Engineering services related to the
painting of the Gypsum Hill Water Tower.
Commissioner Divine requested that I notify the City Clerk of his intention
to abstain.