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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.