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07-21-1997 MinutesAction 97-1133 97-1134 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JULY 21, 1997 4:00 p.m. The City Commission convened at 1:30 p.m. in a Study Session for an orientation tour of the Fire Department at 222 West Elm for the new City Commissioners. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. There were present: Vice Mayor Peter F. Brungardt, Chairman presiding Commissioner Don Heath Commissioner Alan Jilka Commissioner Monte Shadwick comprising a quorum of the Board, also present: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk Mayor Kristin M. Seaton None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The day of July 26, 1997 as KANSAS ALL-STAR FOOTBALL SHRINE BOWL DAY in the city of Salina. The proclamation was read by Rich Newman, High Priest and Prophet with the Shriners . PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of July 14, 1997. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the consent agenda. Aye: (4). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Consider Application #Z96-12 amending Section 42-66 of the Salina Code pertaining to Critical Drainage Areas. (7.1a) First reading Ordinance Number 97-9815. Roy Dudark, Director of Planning and Community Development, explained that the change provides the authority for the commission to designate critical drainage areas. Moved by Commissioner Jilka, seconded by Commissioner Heath, to approve Ordinance Number 97-9815 for first reading. Aye: (4). Nay: (0). Motion carried. (7.2) Consider Application #Z97-6 requesting designation of an area along South Ninth Street as a critical drainage area. (7.2a) First reading Ordinance Number 97-9816. Roy Dudark, Director of Planning and Community Development, described the proposed critical drainage area. He explained that there is a need for drainage improvement, clarifying that this action would prevent the problem from worsening though it is not an improvement. Action 97-1135 97-1136 97-1137 97-1138 97-1139 97-1140 97-1141 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve Ordinance Number 97-9816 designating an area along South Ninth Street as Critical Drainage Area No. 1. Aye: (4) . Nay: (0) . Motion carried. (7.3) Consider Application #Z97-10, filed by Salina Regional Health Center, requesting a change in zoning district classification from C-3, Shopping Center District and R-3, Multi -Family Residential District, to PC -3, Planned Shopping Center District, on property located at 328 S. Fifth Street and 337 S. Santa Fe Avenue. (7.3a) First reading Ordinance Number 97-9817. Roy Dudark, Director of Planning and Community Development, explained the property location, the request and the applicant's plans. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve Ordinance Number 97-9817 changing the zoning district classification. Aye: (4) . Nay: (0) . Motion carried. (7.4) Consider requests to annex three tracts of land into the corporate limits of the city. (7.4a) First reading Ordinance Number 97-9818. Roy Dudark, Director of Planning and Community Development, explained the applications, the current projects they are involved with and the applicable deferrals of special assessments. Two of the properties are west of I-135 and are owned by Patrick Wallerius and Mary Sue Wallerius-Ash. The third tract is owned by Jim and Kelly Chestnut and is located on the south side of Schilling Road opposite Tasker Addition. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to approve Ordinance Number 97-9817 annexing the three properties. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 97-9811 providing for the vacation of part of utility easements in Twin Oaks II Subdivision. Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Ordinance Number 97-9811 providing for the vacation of part of utility easements in Twin Oaks II Subdivision, on second reading. A roll call vote was taken. Aye: (4), Jilka, Shadwick, Heath, Brungardt. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 97-9812 providing for the vacation of the public right-of-way on North Tenth Street in Depot Addition. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance Number 97-9812 on second reading. A roll call vote was taken. Aye: (4), Heath, Shadwick, Jilka, Brungardt. Nay: (0). Motion carried. (8.3) Second reading Ordinance Number 97-9813 revoking the tax exemption for property formerly occupied by REMA Bakeware. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance Number 97-9813 on second reading. A roll call vote was taken. Aye: (4), Heath, Shadwick, Jilka, Brungardt. Nay: (0). Motion carried. (8.4) Second reading Ordinance Number 97-9814 establishing a Flood and Drainage Improvement Fund. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to adopt Ordinance Number 97-9814 on second reading, establishing a Flood and Drainage Improvement Fund. A roll call vote was taken. Aye: (4), Jilka, Shadwick, Heath, Brungardt. Nay: (0). Motion carried. (8.5) Approval of the notice of hearing for the 1998 budget, and a 1997 Budget Amendment setting the date for the public hearing. Action 97-1142 97-1143 97-1144 97-1145 Rodney Franz, Director of Finance and Administration, explained the proposed Notice of Hearing and identified two corrections made today regarding the Flood Drainage Fund. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the Notice of Hearing for the 1998 budget, setting August 11, 1997, 4:00 p.m. as the day and time for the public hearing on the 1998 budget and a 1997 Budget Amendment. Aye: (4). Nay: (0). Motion carried. (8.6) Resolution Number 97-5179 authorizing an agreement with the Red Baron Chapter of Ambucs Club regarding a donation for the Bill Burke Park Playground. Steve Snyder, Director of Parks and Recreation, explained the Park and Recreation Advisory Board recommendations, this donation, and Parks funding. He noted that Parks and Recreation will recognize the club for the donation on the site which is proposed to be in an area at the center of the park. Jim Davidson, President of the Red Baron Chapter of Ambucs, stated he was present to sign the agreement and spoke on behalf of the project. Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Resolution Number 97-5179 approving the agreement with the Red Baron Chapter of Ambucs providing $29,000 for construction of the playground located at Bill Burke Park. Aye: (4) . Nay: (0) . Motion carried. (8.7) Report on bids for Wastewater Department laboratory equipment. Don Hoff, Director of Engineering and Utilities, explained the need for the equipment replacement, recent modifications, funding and the bids received July 8, 1997. He responded to commission inquiry recommending acceptance of the low bid submitted by Perkin-Elmer of Norwalk, CT in the amount of $48,556.50. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to accept the low bid submitted by Perkin-Elmer, Norwalk, CT in the amount of $48,556.80 to furnish an atomic absorption spectrometer with a graphite furnace and other components as specified in the bid documents. Aye: (4) . Nay: (0) . Motion carried. (8.8) Change Order No. 1 on the 1997 Storm Drainage Improvements Project No. 97-1001, in the amount of $20,077.60. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained that the project improvements are 70% complete in eight locations. He clarified that two additional projects were specified in the original scope, on South Eastborough Road and Eastlake Drive, and were added after the other construction began due to design complexity. This accounts for the 9.22% increase of the contract to $237,904.20. Dennis Kissinger, City Manager, explained the distribution of the $450,000 allocated from the 1997 budget for the capital improvement program and responded to inquiry regarding the cemetery and the Eastlake project noting that it is to clean up a problem that's been developing for years. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve Change Order No. 1 on the 1997 Storm Drainage Improvements, Project No. 97-1001, in the amount of $20,077.60. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Resolution Number 97-5180, approving an agreement with the Union Pacific Railroad Company for relocation of a railroad signal at Magnolia Road and Belmont Boulevard, Project No. 97-998. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the addition of this item to today's agenda. He noted that the project being done in this area is city initiated and in the railroad's right-of-way so the city will pay the cost of $19,907.00 out of Special Gas Tax funds with the railroad doing the work. Action 97-1146 97-1147 Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Resolution Number 97-5180 authorizing the agreement between the Union Pacific Railroad Company and the city. Aye: (4). Nay: (0). Motion carried. ADJOURNMENT Moved by Commissioner Shadwick, seconded by Commissioner Heath, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4) . Nay: (0) . Motion carried. The meeting adjourned at 4:42 p.m. [ SEAL] ATTEST: ud D. L g, CMC, C y Clerk jistin M. Se, ton, Mayor