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08-05-1996 MinutesAction # 96-677 ITY OF SALINA, KANSAS EGULAR MEETING OF THE BOARD OF COMMISSIONERS UGUST 5, 1996 ;00 p.m. he Regular Meeting of the Board of Commissioners met in the Commission eeting Room, City -County Building, on Monday, August 5, 1996, at 4:00 p.m. here were present: Mayor Evelyn Maxwell, Chairman presiding Commissioner R. Abner Perney Commissioner John Divine Commissioner Peter F. Brungardt Commissioner Kristin M. Seaton rising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. CITIZEN FORUM Jerry Ohlmann, Martin Luther King Child Care Center, spoke regarding the flooding in North Salina which, she noted, has been a problem for the past twenty years. She advised the Commission that the Center has had flooding problems six times this year and that they have had to remodel because of the flooding. She indicated this problem still has not been addressed. AWARDS - PROCLAMATIONS (4.1) Commissioner Divine recognized Mike Henry for his work with Community Access Television and explained that Mr. Henry will be leaving this week to return to school. Mr. Henry credited the community of Salina with the success of Community Access Television noting their involvement and urged that this forum continue to be taken care of. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Continuation of public hearing and report on Petition Number 4118 requesting vacation of a portion of the existing public street right-of-way for North Fifth Street, north of North Street and south of the Union Pacific Railroad tracks. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the history of the petition and public hearings. He indicated that the remaining issue of public transportation with a neighbor who adamantly states the current use of this right of way and who remains against the vacation. For this reason it was recommended that the petition be denied. Mayor Maxwell called the public hearing to order. There being no comments the Mayor declared the public hearing closed. Moved by Commissioner Brungardt, seconded by Commissioner Divine, to deny Petition Number 4118. Aye: (5) . Nay: (0) . Motion carried. (5.2) Continuation of 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. Dennis Kissinger noted that the Municipal Court Judge has continued the bond and that staff is no longer recommending revocation. Mayor Maxwell called the public hearing to order. Action # 96-678 96-679 96-680 molusyrof-IN There being no comments the Mayor declared the public hearing sed. No action was taken. CONSENT AGENDA 6.1) Approve the minutes of the regular meeting of July 22, 1996. 6.2) Resolution Number 96-5040 designating parking zones in the lowntown area and repealing Resolution Number 96-5039. 6.3) Resolution Number 96-5041 authorizing the Mayor to execute a orrected special warranty deed to College Park Village Health Care Center. I(6.4) Approval of an agreement between the City of Salina and Salina Engine Supply for sanitary sewer service and future annexation. I(6.5) Approval of the plans and specifications for the 1996 Subdivision Improvements, Project Number 96-971, and authorization to set a bid date. Moved by Commissioner Divine, seconded by Commissioner Seaton, to approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion carried. DEVELOPMENT BUSINESS (7.1) Application Number Z96-5, filed by Dennis Oborny, requesting a change in zoning district classification from C-3, Shopping Center District, to R-2, Multi -Family Residential District, on property located at 917 Shalimar Drive. (7. la) First reading Ordinance Number 96-9754. Roy Dudark, Director of Planning and Community Development, explained the application, the location of the property and the intent of the applicant to build a garage. He clarified that the property could not be separated from the Oborny's with just a free standing garage; a home would have to be built to subdivide the lot. Dennis Oborny, applicant, distributed copies of the petition as submitted to the City Planning Commission and urged Commission approval of the application. Moved by Commissioner Brungardt, seconded by Commissioner Perney, to accept the recommendation of the City Planning Commission and approve Ordinance Number 96-9754 for first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 96-9752 adopting the Standard Traffic Ordinance. Moved by Commissioner Seaton, seconded by Commissioner Perney, to adopt Ordinance Number 96-9752 on second reading. A roll call vote was taken. Aye: (5), Brungardt, Divine, Seaton, Perney, Maxwell. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 96-9753 repealing Sections 38-5 and 38-6 of the Salina Code. Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Ordinance Number 96-9753 on second reading. A roll call vote was taken. Aye: (5), Brungardt, Divine, Seaton, Perney, Maxwell. Nay: (0). Motion carried. (8.3) First reading Ordinance Number 96-9755 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. 96-682 Moved by Commissioner Brungardt, seconded by Commissioner Divine, to adopt Ordinance Number 96-9755 for first reading. Aye: (5). Nay: (0). Motion carried. Action # 46-683 96-684 96-685 96-686 961M.1% 8.4) Resolution Number 96-5042 amending Article 20 of the Personnel [anual regarding the Grievance Procedure. Mike Morgan explained the proposed changes to Article 20 and the volvement of the Employee Council in reviewing this issue. Bill Gerry, President of the Employee Council, stated that the council held three meetings on this issue and had approved the policy eleven to e. Moved by Commissioner Seaton, seconded by Commissioner Divine, to opt Resolution Number 96-5042. Aye: (5). Nay: (0). Motion carried. (8.5) Report on validity and submittal of engineering feasibility Petition Number 4123, filed by Mr. Don Tasker, requesting certain utility improvements in Tasker Addition. (8.5a) Resolution Number 96-5043. report for street and Shawn O'Leary, Assistant Director of Engineering and Utilities, declared the petition sufficient with 94% of the signatures and reported on the engineering feasibility report. He explained this is Phase III of the Tasker Addition improvements and also responded to Commission inquiry regarding drainage via curb and gutter to a detention basin that is then pumped south to Dry Creek. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to approve the feasibility report and adopt Resolution Number 96-5043 determining the advisability of the project. Aye: (5). Nay: (0). Motion carried. (8.6) Report on validity and submittal of engineering feasibility report for Petition Number 4124, filed by Mr. Rod Hancock, requesting certain utility improvements in Valley View Addition. (8.6a) Resolution Number 96-5044. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained that Petition Number 4122 was replaced by this petition to replace a private water system. He declared the petition sufficient with 69.3% of the signatures and reported on the engineering feasibility report. Moved by Commissioner Perney, seconded by Commissioner Seaton, to accept the feasibility report. Aye: (5). Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Brungardt, to adopt Resolution Number 96-5044 determining the advisability of the project. Aye: (5). Nay: (0). Motion carried. (8.7) Report on bids received July 30, 1996 for Phase II Vehicles and Equipment. Rod Franz, Director of Finance and Administration, explained the bid received for the copy machine for the Police Department for $24,405.00 from IKON Office Solutions. Police Chief Hill explained the purchase request and that the estimate of $20,000.00 was based on a 1992 bid. Moved by Commissioner Divine, seconded by Commissioner Seaton, to accept the bid. Aye: (4) . Nay: (0) . Perney abstained to avoid a possible conflict of interest. (8.8) Change Order Number 1 for the Belmont Boulevard Rehabilitation, Project Number 95-946, in the amount of $51,741.34. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the change order. He noted that it included additional construction items and unforeseen additional costs. He clarified that the cost is more than originally planned as the scope of the project changed. He responded to Commission concern about the reduction in curb height regarding flooding and clarified that, while the curb height was reduced by two inches, additional underground pipeline storage was added to improve drainage. Action # 96-688 ffiveMul Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to approve Change Order Number 1 for the Belmont Boulevard Rehabilitation Project Number 95-946, in the amount of $51,741.34. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Dennis Kissinger asked Police Chief Hill to brief the Commission on the recent homicides. Police Chief Hill explained the investigation procedures, other agencies who are involved and Police Department personnel involvement. He also gave an update on the video footage and reward fund which now exceeds $30,000.00. He noted that the Police Department has received great community support. An F.B.I. computer program is being used to help manage the information gathered on the case. He also explained that the Police Department will do a security survey for residences and business owners, upon request, at no charge, to indicate vulnerability and give instructions on how to secure property. (9.2) Mike Morgan spoke regarding the Mulching Mower Rebate Program noting that the budgeted amount has been expended and that the program has been suspended for 1996. Judy Long clarified that requests must be in her office by August 14, 1996. ADJOURNMENT Moved by Commissioner Brungardt, seconded by Commissioner Divine, that the Regular Meeting of the Board of Commissioners be adjourned. Aye : (5) . Nay: (0) . Motion carried. The meeting adjourned at 5:10 p.m. Evel Maxwell, Mayor [SEAL] ATTEST: Ok CMC, Ci Clerk