02-24-1997 MinutesAction #11 1
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
FEBRUARY 24, 1997
4:00• p.m.
The Regular Meeting of the Board of Commissioners was called to order at 4:03
p.m. in the Commission Meeting Room, City -County Building, on Monday,
February 24, 1997. A roll call was taken followed by the Pledge of Allegiance
and a moment of silence.
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
Barbara R. Weber, Deputy City Clerk
Judy D. Long, City Clerk
None.
CITIZEN FORUM
AWARDS AND PROCLAMATIONS
(4.1) Mayor Maxwell asked Dennis Kissinger to identify Study Session
topics for next week which are: financial reports, administrative reports and
C.I.P. preliminary discussions.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing and, report on Petition Number 4135, filed by Key
Mar, requesting the vacation of a portion of the South Ninth Street
right-of-way adjacent to the current Key Mar Restaurant property.
(5.1a) First Reading Ordinance Number 97-9794.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the petition, the history of the Key Mar property, and how the
excess right-of-way was created by improvements. He clarified that this is a
significant amount of land to be added to the existing property.
Dennis Kissinger suggested that, based on the Landscape Plan
(Project Number 96-962, Ninth and Broadway Corridor Improvements) , the
Commission consider requiring a landscape plan for the proposed parking lot.
He spoke in favor of treed islands in exchange for the vacation of the land
making it a condition of the vacation prior to second reading of this ordinance.
Commissioner Brungardt agreed that this amount of property is a
windfall and supported Mr. Kissinger's recommendation.
Mr. O'Leary noted that this property is also for sale to the public.
Mr. Kissinger explained further that the property owners will be
receiving approximately 6,500 square feet of prime commercial land and that
requiring landscaping is a minor exchange that is not unaffordable to the
property owners.
Roy Dudark, Director of Planning and Community Development was
asked to comment and responded to a conditional vacation for control of the
area. He noted that it fits well and that the Planning Commission was trying
not to dictate right now.
Mr. Kissinger closed by stating that the City's only use for the
property is for landscaping.
Action
97-960
97-961
97-962
Mayor Maxwell called the public hearing to order.
There being no other comments, the Mayor declared the public
hearing closed .
Moved by Commissioner Brungardt, seconded by Commissioner
Divine, to approve Ordinance Number 97-9794 for first reading pending
acceptance of an agreeable landscape plan. Aye: (5) . Nay: (0) . Motion
carried.
(5.2) Public hearing and report on Petition Number 4133, filed by DMH &
Associates, requesting the vacation of a 30 foot section of restricted access on
South Ninth Street, adjacent to the Mid -State Plaza.
(5.2a) First reading Ordinance Number 97-9795.
Dennis Kissinger explained the history of this petition was addressed
in January. He explained the status and spoke regarding curbing and the
plans submitted. He clarified that this allows the ordinance to pass and the
petitioners to proceed with construction, noting that landscaping is required
by the Magnolia Improvement project (95-924) .
Shawn O'Leary, Assistant Director of Engineering and Utilities,
spoke regarding the widening of lanes and the entrance.
Mayor Maxwell called the public hearing to order.
There being no other comments, the Mayor declared the public
hearing closed .
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
approve Ordinance Number 97-9795 for first reading. Aye: (5). Nay: (0).
Motion carried.
CONSENT AGENDA
(6.1) Approve the minutes of the regular meeting of February 17, 1997.
(6.2) Resolution Number 97-5121 authorizing the City Manager to sign a
contract with Resource Management Company for Waste Tire Disposal, Project
Number 97-1034.
(6.3) Resolution Number 97-5124 authorizing the City Manager to sign a
contract with Continental Analytical Services for the Municipal Solid Waste
Facility 1997 Environmental Monitoring, Project Number 97-1033.
(6.4) Approve the 1997 Concrete Pavement Improvements, Project Number
97-995, and authorize staff to establish a date to receive bids.
(6.5) Resolution Number .97-5119 authorizing the City Manager to give
authority for deposit and withdrawals from UMB National Bank account.
(6.6) Approval of the Magnolia Road and Ohio Street Intersection
Signalization Improvements, Project Number 97-976 and authorize staff to
establish a bid date.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained that item 6.6 includes the a full signal system and not much more,
noting that corrections will be made over the next year or two due to current
configurations.
Mr. O'Leary then explained item 6.4 is for the repair and
replacement of concrete streets. He then read the names of the eight locations
for repair as requested by Mayor Maxwell.
Rod Franz, Director of Finance and Administration, responded to
inquiry on item 6.5 explaining the petty cash account for Water Customer
Accounting, the current monitoring for refunding, and that double signatures
are not required.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to approve all items on the consent agenda. Aye: (5). Nay:
(0). Motion carried.
Action #
97-963
97-964
97-965
97-966
DEVELOPMENT BUSINESS
(7.1) Application #Z91-1, filed by Chad Kassem, requesting a change in
zoning district classification from R-3, Multi -Family Residential District to C-4,
Central Business District, to allow the former First Christian Church, located
at 201 S. 8th St. , to be converted to commercial and residential use.
(7.1a) First reading Ordinance Number 97-9790.
Roy Dudark, Director of Planning and Community Development,
explained the location and history of the property. He stated that this is a
transition location and spoke regarding parking requesting that the application
be granted.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to accept the application and approve Ordinance Number 97-9790
for first reading. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(8.1) First reading Ordinance Number 97-9791 amending Sections 2-240 and
2-241 in Chapter 2 of the Salina Code by adding provisions for petty cash and
change funds.
Rod Franz, Director of Finance and Administration, explained that
the proposed change is an outcome of the 1995 Audit regarding petty cash
funds, policy and statutory requirements.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
approve Ordinance Number 97-9791 for first reading. Aye: (5). Nay: (0).
Motion carried.
(8.2) First reading Ordinance Number 97-9792 ordering the condemnation
and acquisition of property for improvements to the intersection of South Ohio
and Belmont Boulevard, Project Number 97-1032.
Dennis Kissinger explained that this is the next step from previous
discussions to secure property for future need to re -align. He summarized
that it is necessary to acquire the property while it is vacant to safeguard the
future flexibility of the City Commission. He also noted that the actual
construction of the project will be delayed pending the outcome of other
projects that will impact the area.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve Ordinance Number 97-9792 for first reading. Aye: (5).
Nay: (0) . Motion carried.
(8.3) First reading Ordinance Number 97-9793 ordering the condemnation
and acquisition of property for constructing a Fire Department Training
Facility, Project Number 97-1031.
Dennis Kissinger spoke regarding policy and explained the committed
reinforcement of the City's intention for an extended period for relocation
through the Housing Authority..
Roy Dudark, Director of Planning and Community Development,
stated that the project involves seven locations and clarified that the City
currently owns Lots 11 and 12 and everything south of them.
Moved by Commissioner Divine, seconded by Commissioner Seaton, to
approve Ordinance Number 97-9793 for first reading. Aye: (5). Nay: (0).
Motion carried.
(8.4) Resolution Number 97-5122 authorizing the Mayor to execute
agreements relating to the preparation of a corridor plan for South Ninth
Street, Project Number 97-1037.
Roy Dudark, Director of Planning and Community Development,
spoke regarding the prior staff discussion with the City Commission and the
Commission's direction at that meeting to supplement City and County staff
with engineering firms to derive plans for this area. He noted that three bids
were received and that the study would be done by Bucher Willis and Ratliff
for a total fee of $36,600 with a fifty-fifty split of the costs between the City
and the County.
Action #
97-967
97-969
97-970
Commissioner Divine stated he will abstain due to a conflict of
interest.
At the Mayor's request, Mr. Dudark spoke regarding the Steering
Committee noting its roles in providing contact between the two governing
bodies for their concepts and recommendations. He responded that the options
will be provided at a public meeting.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt Resolution Number 97-5122. Aye: (4) . Nay: (0) .
Abstain: (1) , Divine. Motion carried.
(8.5) Resolution Number 97-5123 authorizing the Mayor to execute a special
warranty deed to the Salina Board of Trade, Inc.
Greg Bengtson explained the situation at the end of this I.R.B. He
clarified that there are no charges, his participation is done as part of his
function as City Attorney and further that the City cannot incur expenses in
I.R.B. and bond issues. He agreed that all costs were paid upfront by the
requestor.
Moved by Commissioner Perney, seconded by Commissioner Divine, to
adopt Resolution Number 97-5123. Aye: (5) . Nay: (0) . Motion carried.
(8.6) Resolution Number 97-5120 appointing members to various Boards and
Commissions.
Moved by Commissioner Divine, seconded by Commissioner
Brungardt, to adopt Resolution Number 97-5120. Aye: (5) . Nay: (0) .
Motion carried.
Barbara Weber, Deputy City Clerk, read the names of the appointees
as requested.
(8.7) Consideration of 1997 Vehicle and Equipment Phase I bid for police
watch commander vehicle, deferred from the February 17, 1997 meeting.
Dennis Kissinger read the Commission's options. (1) To award the
bid to Long -McArthur Ford in the amount of $34,225 and direct staff to seek
additional competition and/or viable alternatives the next time the watch
command vehicle is replaced. (2) Reject the bid and direct staff to rebid the
watch command vehicle under Phase 2 of the 1997 Vehicles and Equipment plan
with the same specifications (full-size 4 wheel drive) and aggressive efforts to
get more competitive bids. (3) Reject the bid and direct staff to rebid the
watch command vehicle under Phase 2 of the 1997 Vehicle and Equipment plan,
seeking bids for other alternate vehicle types (vans, trucks, mid-size 4 wheel
drive) in addition to the current full-size 4 wheel drive type, and providing a
full staff report after those bids are received comparing
advantages/disadvantages, costs and benefits.
Commissioner Perney informed the Commission that the current watch
command vehicle with a K-9 Officer was in front of his home today and now he
is more convinced of the need for a large vehicle after being shown its use.
He spoke regarding the need for space and the option to save money
explaining comparisons to the requested Suburban. He moved to approve
Option Number 3.
Dennis Kissinger stated that staff is not prepared for this action and
spoke regarding driving at high speeds noting there are other factors to be
considered.
Mayor Maxwell stated that the issue deserves a review for the kind
of savings Commissioner Perney noted.
Commissioner Divine clarified that this vehicle can be rebid at any
time and that the officer is not at any risk.
Commissioner Brungardt stated that the issue has been reviewed and
that this is an inappropriate motion and asked if there had been a second.
Mayor Maxwell seconded the motion on the floor.
There being no other comments the Mayor called for a vote to adopt
Option Number 3. Aye: (3). Nay: (2), Brungardt, Seaton. Motion carried.
Action #1
97-971
OTHER BUSINESS
(9.1) The Mayor asked a Scout in attendance to come forward.
Joey Blockwell, Boy Scout Troop 2, informed the Commission that he
is working on the Citizenship in Community Badge.
ADJOURNMENT
Moved by Commissioner Divine, 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
5:04 p.m.
[ SEAL]
ATTEST:
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