10-28-1996 MinutesAction
96-772
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
OCTOBER 28, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, October 28, 1996, at 4:00
p.m.
There were present:
Vice Mayor Kristin M. Seaton, Chairman presiding
Mayor Evelyn Maxwell
Commissioner R. Abner Perney
Commissioner John Divine
Commissioner Peter F. Brungardt
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
None.
Mayor Maxwell turned the meeting over to Vice Mayor Seaton and
excused herself into the audience as she was not feeling well.
CITIZEN FORUM
None.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing to consider 1996 Comprehensive Development Project
grant application to the Kansas Department of Commerce and Housing.
(5.1a) Resolution Number 96-5076 stating intent to seek funding
through the Comprehensive Development program and authorizing the
Mayor to pursue activities in an attempt to secure funding.
(5.1b) Resolution Number 96-5077 committing the City of Salina to
provide ongoing operating and maintenance costs for streets and flood
control levees improved to City Standards at the Salina Airport Industrial
Center as a result of a CDBG application submitted to the Kansas
Department of Commerce and Housing.
(5.1c) Resolution Number 96-5078 for residential anti -displacement and
relocation assistance.
Roy Dudark, Director of Planning and Community Development,
explained the grant and the application process. He informed the Commission
that this is a 2.39 million dollar request over a 2 year period for which the
City applies and is then a conduit for the distribution of the funds.
Vice Mayor Seaton called the public hearing to order.
Mr. Dudark responded to Commission inquires, and the Mayoral
responsibilities were clarified as standard procedure.
Paul Morse, 133 South Clark, questioned the management of the new
units and was informed that the units would be privately owned and managed.
There being no other comments the Vice Mayor declared the public
hearing closed.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to adopt Resolution Number 96-5076. Aye: (4) . Nay; (0) . Motion carried.
Action
96-773 Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to adopt Resolution Number 96-5077. Aye: (4) . Nay: (0) .
Motion carried.
96-774
96-775
96-776
96-777
97-778
97-779
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to adopt Resolution Number 96-5078. Aye: (4) . Nay: (0) . Motion carried.
(5.2) Report on Petition Number 4126 requesting the vacation of part of
the existing street right-of-way on North Eleventh Street.
(5.2a) First reading Ordinance Number 96-9769.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the vacation request and the honest error that was made in the
application. He summarized that the area is surplus today.
Moved by Commissioner Divine, seconded by Commissioner Perney, to
approve Ordinance Number 96-9769 for first reading. A vote was called.
Aye: (4) . Nay: (0) . Motion carried.
(5.3) Report on Petition Number 4127 requesting vacation of part of the
existing street right-of-way on Graves Boulevard.
(5.3a) First reading Ordinance Number 96-9767.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the vacation request informing the Commission that another owner
who should speak to this petition has been identified. He recommended
continuing the public hearing until November 18th.
Vice Mayor Seaton called the public hearing to order.
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to continue the public hearing until November 18, 1996. Aye: (4) .
Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of October 21, 1996.
(6.2) Petition Number 4129, filed by Rod Coleman, ERC Properties, Inc.,
requesting certain street and drainage improvements in the Chapel Ridge
Subdivision, refer to the City Engineer for a report on validity.
Moved by Commissioner Divine, seconded by Commissioner Perney, to
approve all items on the consent agenda. Aye: (4) . Nay: (0) . Motion
carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9764 providing for a change in
zoning district classification for property located at 1617 - 1621 S. 9th St. from
C-3, Shopping Center District, to PC -5, Planned Service Commercial District.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to adopt Ordinance Number 96-9764 on second reading. A roll call vote was
taken. Aye: (4), Perney, Divine, Brungardt, Seaton. Nay: (0). Motion
carried.
(8.2) Second reading Ordinance Number 96-9765 providing for a change in
the rear yard setback on property located at 835 - 853 Fairdale Road.
Moved by Commissioner Perney, seconded by Commissioner Divine, to
adopt Ordinance Number 96-9765 on second reading. A roll call vote was
taken. Aye: (4), Brungardt, Divine, Perney, Seaton. Nay: (0). Motion
carried.
(8.3) First reading Ordinance Number 96-9766 levying the annual Business
Improvement District fees for 1997.
Action
96-781
96-782
96-783
96-784
Dennis Kissinger explained the ordinance indicating the fees have
not changed. He also noted that Nick Slechta, Executive Directive of the Salina
Business Improvement District, advised him that new tenants have leased and
opened then found out about the B.I.D. fees beginning their relationship
negatively. Mr. Slechta has requested that the City Commission might want to
mandate by resolution that all landlords include a lease statement concerning the
B.I.D. fees.
When Commissioner Perney asked why the B.I.D. couldn't do this
themselves, Mr. Kissinger stated that they could.
The Commission then instructed that the B.I.D. use their own
structure to send out such a notice.
Commissioner Perney is abstaining as a B.I.D. property owner.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve Ordinance Number 96-9766 for first reading. Aye: (3).
Nay: (0) . Abstain: (1) , Perney. Motion carried.
(8.4) First reading Ordinance Number 96-9768 requiring a license or permit
for marking house numbers on curbs or other public improvements in the
right-of-way.
Dennis Kissinger explained the ordinance.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to approve Ordinance Number 96-9768 for first reading.
Mayor Maxwell objected to the ordinance requiring a fee to mark
your own public right-of-way, asking if the property owner did not own to the
middle of the street.
Mr. Kissinger clarified that the City controls streets, sidewalks and
curbs with standards. He stated that it will be clarified before second reading
that the requirements will not be retroactive prior to the adoption of this
ordinance.
Vice Mayor Seaton called a vote to the motion for adoption on first
reading. Aye: (4). Nay: (0). Motion carried.
Mayor Maxwell rejoined the meeting, with Vice Mayor Seaton still
presiding.
(8.5) Resolution Number 96-5075 appointing members to various boards and
commissions.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to adopt Resolution Number 96-5075. Aye: (S). Nay: (0) .
Motion carried.
(8.6) Resolution Number 96-5079 authorizing the Mayor to execute a
contract and deed for the sale. of Lot 8, Block 3, Mayfair Addition.
Rod Franz, Director of Finance and Administration, explained the
proposed sale of this property purchased in October of 1994 for $14,400.
Noting that no serious offers have been received on this property since that
time he recommended accepting the offer of $10,250.
Moved by Mayor Maxwell, seconded by Commissioner Brungardt, to
adopt Resolution Number 96-5079. Aye: (5). Nay: (0). Motion carried.
(8.7) Report on bids received for the Schilling Road and Drainage
Improvements, Project Number 95-928.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project and the bids received October 24, 1996. He clarified that
this is a Saline County project and recommended concurrence in the award of
the bid to Shears, Inc. pursuant to the interlocal agreement. He noted that
work should begin mid-November and take ten months to complete. He
responded to Commission inquiry that the City and County Engineering staff
will be working together for the in-house engineering work to be done.
96-785 II Moved by Commissioner Brungardt, seconded by Commissioner
Action
Divine, to concur with Saline County in the award of contract to Shears, Inc.
in the amount of $1,294,678.30. Aye: (5) . Nay: (0) . Motion carried.
OTHER BUSINESS
96-786 (9.1) Dennis Kissinger spoke regarding Storm Water Policy issues. The
Commission directed staff to bring items to the Study Session for an open
discussion on November 18th with specific items being brought to the Regular
City Commission Meeting on November 25th.
96-787 (9.2) Moved by Commissioner Divine, seconded by Commissioner Perney,
that the City Commission recess into executive session for the purpose of
discussing a personnel matter regarding a non -elected employee of the City for
the reason that public discussion of the matter would invade the privacy of the
employee involved; and reconvene in this room in twenty minutes or at 5:20
p.m. Aye: (5). Nay: (0). Motion carried.
The Board of Commissioners recessed at 5:00 p.m. and reconvened
at 5:20 p.m.
96-788 Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to extend the executive session, and reconvene in this room in ten
minutes or at 5:30 p.m. Aye: (5). Nay: (0). Motion carried.
The Board of Commissioners recessed at 5:20 p.m. and reconvened
at 5:30 p.m. No action was taken.
ADJOURNMENT
96-789 (10) 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 5:30 p.m.
Evelyn Maxwell, Mayor
[SEAL]
ATTEST:
J"Dg, CMC , Ci Clerk