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11-04-1996 MinutesAction 96-790 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS NOVEMBER 4, 1996 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, November 4, 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 Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Presentation of art by the Smoky Hill Museum. Carla Prickiett, Arts and Humanities Commission, presented a photographic piece which will be hung in the City Water Customer Accounting Office. (4.2) The week of November 11th through 16th, 1996 as "RSVP VOLUNTEER WEEK" in the city of Salina. The proclamation was read by Barbara Knight, Chairman of the RSVP Advisory Council. (4.3) The Mayor made the following announcements: Tomorrow is election day, she encouraged citizens to vote. Access TV will air a program specifically for this area called "When Disaster Strikes" at 7:00 p.m. on Channel 20 various nights. It was clarified that there will be another Stormwater discussion November 18, 1996 during the Study Session at 2:30 p.m. Tonight and tomorrow night there will be a meeting with U.S.D. #305 and the local Police Department regarding Teenage Prevention of Violence at Central High School. It was also noted that there will be no City Commission Meeting next week, Veterans Day. PUBLIC HEARINGS AND - ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of October 28, 1996. (6.2) Resolution Number 96-5083 amending the Comprehensive Fee Schedule. (6.3) Approval of specifications for Sanitary Sewer Manhole Rehabilitation, Project Number 96-983, and authorize staff to set a date to receive bids. (6.4) Approval of 1996 Building Demolition, Project Number 96-986, and authorize staff to set a date to receive bids. Dennis Kissinger noted a change in item 6.4. Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to approve all items on the consent agenda and consider item 6.4 separately. Aye: (5). Nay: (0). Motion carried. Action 96-791 96-792 96-793 96-794 (6.4) Approval of 1996 Building Demolition, Project Number 96-986, and authorize staff to set a date to receive bids. Dennis Kissinger explained the changes to the original bluesheet. Two addresses were added to the demolition list which had originally been given additional time. The owners are interested in rehabilitating the buildings, this action does not change their ability to do so, and allows staff to remain on schedule. Moved by Commissioner Divine, seconded by Commissioner Perney, for approval of the 1996 Building Demolition, Project Number 96-986, as revised. The Mayor called for public comment and hearing none called for the vote. Aye: (5) . Nay (0) . Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z96-8, filed by Norman Riffel, requesting a change in zoning district classification from Saline County AG & IL and City of Salina RS to PC -7, Planned Highway Commercial District, for property located south of Schilling Road between 9th Street and I-135. (7.1a) First reading Ordinance Number 96-9770. Roy Dudark, Director of Planning and Community Development, explained the rezoning request. He confirmed that the small details will be addressed before the City Planning Commission before the ordinance returns for second reading. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, for approval of the Ordinance Number 96-9770 on first reading. Aye: (5) . Nay: (0) . Motion carried. (7.2) Application #A96-4, filed by Norman Riffel, requesting annexation of a 17.71 acre tract located at the southwest corner of South 9th Street and Schilling Road. (7.2a) First reading Ordinance Number 96-9771. Roy Dudark, Director of Planning and Community Development, explained the proposed annexation. Moved by Commissioner Divine, seconded by Commissioner Brungardt, for adoption of Ordinance Number 96-9771. Aye: (5) . Nay: (0) . Motion carried. ADMINISTRATION Mayor Maxwell stated that the Commission would like to move number 8.6 and 8.7 to the top of the list and asked the Clerk to read item 8.6. (8.6) Consider bids for the Bicentennial Center multipurpose patio construction, Project Number 96-981. Moved by Commissioner Perney, seconded by Commissioner Brungardt, that all bids be rejected and staff be allowed to grant waivers to the no smoking policy at the Bicentennial Center. Mr. Kissinger noted that this project would still be looked at in the future, it shows as identified but unfunded. Keith Rawlings, Bicentennial Center Director, explained the bids received for this project on October 15, 1996, noting only one was below the estimate. The bids were 33% higher than the figure previously discussed and for that reason the Commission was presented with three options the third being to reject all bids and to shelve the project until the bidding climate is a little bit better. pertain to the revised Moved by Commissioner Perney, seconded by Commissioner Brungardt, that all bids be rejected and staff be allowed to grant waivers to the no smoking policy at the Bicentennial Center. Mr. Kissinger noted that this project would still be looked at in the future, it shows as identified but unfunded. Dennis Kissinger spoke regarding form and function, noting that staff had met with the architect and recommends proceeding with the revised project at $70,400, but Mr. Kissinger clarified that it is not the same project. He noted reservations with the project and cannot recommend spending $92,500. The brick design is still more aesthetically pleasing but is not affordable at this time. He also clarified that these bids pertain to the revised architect's estimate which was originally $69,400 for this project. Moved by Commissioner Perney, seconded by Commissioner Brungardt, that all bids be rejected and staff be allowed to grant waivers to the no smoking policy at the Bicentennial Center. Mr. Kissinger noted that this project would still be looked at in the future, it shows as identified but unfunded. Action 96-795 A vote was called to the motion. Aye: (4). Nay: (1), Maxwell as she likes the alternative better. Motion carried. (8.7) Authorization to change the speed limit on South Ninth Street from Cloud Street to Otto Avenue. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the speed limit change request on South Ninth Street in the area currently under construction. The improvements were designed to a 40 mph speed limit standard and the change would go into effect with the substantial completion of the project. Commissioner Divine asked if a speed study had been done from Otto to Magnolia, asking if anyone is really going 40 mph with all the traffic lights that are in place. Mr. O'Leary feels this is the appropriate time to make the change and based on staff's professional opinion believes the future speed study will indicate the 40 mph. Dennis Kissinger spoke regarding the area south of Charlotte. He noted that Cloud to Charlotte is a debatable area, however, in staff's opinion and review it should be 40 mph. He continued that it could be 30 mph subject to review, however, expressed concern for some risk of accusation of creating a speed trap. Discussion continued with Mr. Kissinger noting that the Commission had dropped the speed limit ahead of time on Magnolia but had so many tickets and public objection that the Commission changed the speed limit back to 40 mph. The Commission discussed the number of access points at the Alco and Kraft Manor location with Mr. O'Leary noting that improved access control is the basis of staff's recommendation. Commissioner Perney noted he has received objections from various business owners at Kraft Manor for the increased speed and moved to retain 30 mph speed limit from Cloud to the new Broadway intersection and then 40 mph from Broadway south, seconded by Commissioner Divine. Commissioner Seaton supported this approach and suggested a review in 6 months. Commissioner Brungardt noted the 40 mph speed limit on both Ohio and Broadway, and that this speed limit works well. He does not support the changes in speed limits in the different areas, noting that if speed limits are posted they will be enforced. He foresees writing a lot of tickets without accidents. Mayor Maxwell noted a difference between the northern portion of this project area and the southern portion. She prefers to leave the speed limit at 30 mph for now and seeing how it works out, revisiting it in six months, rather than changing it now and changing it again. She noted a motion and second and asked for public comment. Mr. Kissinger, again noted that he thinks there will be problems with the area being left at 30 mph and that traffic was going higher than that before construction. He noted the tremendous amount of time that has been spent on this issue and feels there will be a lot of problems with the public. He feels the motion makes sense further north, but the area will look the same to the public and there will be problems. He asked the Commission to consider Charlotte Street to be the dividing line rather than Broadway. Commissioner Divine asked if the Police Department wasn't given the ability to write warning tickets. He stated his confidence in our officers and stated that if they come back and say they are issuing 50 warning tickets a day at that location that would indicate the Commission was in error. Commissioner Brungardt felt that Commissioner Divine was asking the Commission to concede that the police officers had better judgement than the Commission who were elected for this purpose. Mayor Maxwell again asked for comments from the public. Action Mel 16 •. 96-797 Waim 96-799 •• :11 Commissioner Divine left the meeting at 4:52 p.m. Del Frederking, 1859 South Ninth Street, Del's Electronics, at the corner of Charlotte and Ninth Streets, feels that there is difficulty getting in and out of the entrances of that area at 30 mph due to the curb cuts. He noted a number of accidents in front of this location, usually when people were trying to get out. He supported the 30 mph to Broadway noting that people will exceed the speed limit no matter how it is posted. Terry Neustrom, 723 Albert Avenue, noted a problem turning south off Charlotte. He felt if the speed limit were raised it would be more difficult to make the turn. He noted the same problem turning left from the Alco store. He supported the six month study. The Mayor asked for a reading of the motion: to retain 30 mph from Cloud to the new Broadway intersection and 40 mph from Broadway south. A vote was called. Aye: (3) . Nay: (1) , Brungardt. Motion carried. (8.1) Second reading Ordinance Number 96-9766 levying the annual Business Improvement District fees for 1997. Moved by Commissioner Seaton, seconded by Commissioner Perney, approval of Ordinance Number 96-9766 on second reading. A roll call vote was taken. Aye: (4), Brungardt, Seaton, Perney, Maxwell. Nay: (0). Motion carried. (8.2) Second 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. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, the approval of Ordinance Number 96-9768 on second reading. A roll call vote was taken. Aye: (4), Perney, Seaton, Brungardt, Maxwell. Nay: (0) . Motion carried. (8.3) Second reading Ordinance Number 96-9769 vacating a portion of North Eleventh Street. Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Ordinance Number 96-9769 on second reading. A roll call vote was taken. Aye: (4), Brungardt, Seaton, Perney, Maxwell. Nay: (0). Motion carried. (8.4) First reading Ordinance Number 96-9767 amending Section 5-25 of the Salina Code to allow consumption of alcoholic liquor in a certain area of Memorial Hall. Mike Morgan, Deputy City Manager, explained the use would be under certain circumstances similar to other city facilities. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, for the approval of Ordinance Number 96-9767. Aye: (4) . Nay: (0) . Motion carried. (8.5) Report on validity and submittal of engineering feasibility report for Petition #4129, filed by Mr. Rod Coleman, requesting certain street and drainage improvements in Chapel Ridge Subdivision. (8.5a) Resolution Number 96-5084 finding the advisability of and authorizing construction of certain street and drainage improvements in Chapel Ridge Subdivision. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the proposed improvement, declared the petition to be valid and reviewed the feasibility report. He discussed the issue of a second access into the area and also noted an add on item which is a change order for the project. Moved by Commissioner Perney, seconded by Commissioner Seaton, to approve Resolution Number 96-5084. Aye: (4). Nay: (0). Motion carried. (8.5b) Change Order Number 1 for the 1996 Subdivision Improvements, Part IB, Project Number 96-971 in the amount of $69,212.20 as an add on item. Action 96-802 Ulm :1 , UG : 1 ' •• :1 Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to approve Change Order Number 1 for Project Number 96-971 in the amount of $69,212.20. Aye: (4). Nay: (0). Motion carried. (8.8) Resolution Number 96-5080 amending Articles 5, 15, 16 and 18 of the Personnel Manual. Mike Morgan, Deputy City Manager, explained the proposed changes to each article in the Personnel Manual. Mayor Maxwell pointed out the Article 15, Section 2, regarding employees are able to carry over vacation leave from one year to the next and that she feels this should be limited. Mr. Morgan, responded with the results from the last discussion regarding vacation carryover. Dennis Kissinger explained that there used to be a limit on how much vacation time an employee can accrue. Employees are strongly encouraged to use at least 50% of their vacation time per year but that it is not a requirement. Mayor Maxwell stated that she feels that an employee should be able to carry over vacation for one year, but not for two. Mr. Kissinger noted that the city changed from that system to the one we currently use. Mayor Maxwell then asked if an employee, at the end of their service, could have several months of vacation time accrued. Mr. Kissinger responded that this is correct and this was a change made from the "use it or lose it" system the city used to have because many of the employees were finding that they were not able to take time off from work. Moved by Commissioner Seaton, seconded by Commissioner Perney, to adopt Resolution Number 96-5080. Aye: (4). Nay: (0). Motion carried. (8.9) Resolution Number 96-5081 amending Article 22, Section 3, of the City of Salina Personnel Manual having to do with residency requirements. Dennis Kissinger explained the proposed changes to the Personnel Manual having to do with residency requirements. Commissioner Perney moved to amend the resolution to repeal the residency requirements and Mr. Kissinger noted that if this is the wish of the Commissioners, he would like it to be tabled to consider the positions that have specific response times. The Commissioner's motion died for lack of a second. Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to approve Resolution Number 96-5081. Aye: (4) . Nay: (0) . Motion carried. (8.10) Resolution Number' 96-5082 adopting the City of Salina Job Classification and Salary Schedule, effective January 1, 1997. Mike Morgan, Deputy City Manager, gave a brief report on the proposed amendment to the pay plan. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to approve Resolution Number 96-5082. Aye: (4) . Nay: (0) . Motion carried. Mayor Maxwell noted that she would like the minutes to reflect that the Employee Relations report has been received by the Commissioners and she appreciates the work put into this. Dennis Kissinger noted that the report has also been provided to the City Employee Council and is posted on bulletin boards throughout the workplace. Action •• :1• (9.1) None. OTHER BUSINESS ADJOURNMENT Moved by Commissioner Seaton, seconded by Commissioner Brungardt, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0). Motion carried. The meeting adjourned at 5:32 p.m. [ SEAL] ATTEST: /1• L CMC, Cit Clerk Evel n Maxwell, Mayor