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08-25-1997 MinutesCommission 97-1.192 97-1193) CITY OF SALINA, KANSAS REGULAR MEETING OF THE AUGUST 25, 1997 4:00 p.m. BOARD OF COMMISSIONERS The City Commission convened at 2:30 p.m. in a Study Session to discuss the Landfill Waste Characterization Study. 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: Mayor Kristin M. Seaton, Chairman presiding Commissioner Peter F. Brungardt Commissioner Don Heath Commissioner Alan Jilka Commissioner Monte Shadwick comprising a quorum of the Board, also present: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk Absent: None. None. None. CITIZEN FORUM AWARDS - PROCLAMATIONS PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of August 18, 1997. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve the consent agenda. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Application #Z97-13, filed by Ron and Cheryl Ahrens on behalf of Sonic Drive -In, requesting a change in zoning from R-3, Multi -Family Residential District, to PC -3, Planned Shopping Center District, on property located at 313 S. Seventh. (7.1a) First reading Ordinance Number 97-9825. Roy Dudark, Planning and Community Development Director, clarified the property location, explained the application request for property being purchased, and the City Planning Commission's recommendation to approve the amended request to allow employee parking on the lot, including the requested waiver of the fifteen (15) foot buffer, subject to conditions. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve Application #Z97-13 and Ordinance Number 97-9825 for first reading. Aye: (5) . Nay: (0) . Motion carried. (7.2) Application #PDD97-2, filed by Brown Welding Supply, requesting a change in zoning from C-6, Heavy Commercial District, to PDD, Planned Development District, on property located at 340 N. Seventh. (7.2a) First reading Ordinance Number 97-9826. Roy Dudark, Planning and Community Development Director, explained the application request and the City Planning Commission's recommendation to approve the request, to allow a gas storage and compression facility on the property, subject to conditions and limitations. He clarified the C-6 zoning uses will remain with the addition of hydrogen use at this location. Commission 97-1194 Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to affirm the recommendation and approve Ordinance Number 97-9826 for first reading. Aye: (5) . Nay: (0) . Motion carried. (7.3) Grant allocations for the 1997 Emergency Shelter Grant Program. Roy Dudark, Planning and Community Development Director, explained the program, the requests for funds, and staff's distribution recommendation. For public record Mayor Seaton read the recommendation as follows: to allocate $13,000 to Focus on the Future for Rehabilitation; $2,000 to Ashby House for operations; $5,334 to Ashby House, $3,000 to Emergency Aid/Food Bank and $3,000 to Salvation Army for Essential Services; $4,832 to Emergency Aid/Food Bank and $4,834 to Salvation Army for Homeless Prevention; and $947 to the City of Salina for Administration. 97-1195 Moved by Commissioner Jilka, seconded by Commissioner Brungardt, to approve the 1997 Emergency Shelter Grant Allocations as recommended. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 97-9824 amending Chapter 23 of the Salina Code pertaining to bail bonding. Dennis Kissinger, City Manager, highlighted some of the changes in the ordinance since first reading, explaining the need for collateral of standard letter of credit and the protection of public interest. 97-1196 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance Number 97-9824 on second reading as amended from first reading. A roll call vote was taken. Aye:(5), Jilka, Brungardt, Heath, Shadwick, Seaton. Nay: (0). Motion carried. (8.2) Change Order No. 1 on the Radio Telemetry System, Project No. 95-948, in the amount of $213,542.01. Don Hoff, Engineering and Utilities Director, explained the negotiated change order. He informed the commission that the contract amount was for the pumps only and the change order is to install the additional radio telemetry units ($212,000) and to relocate an antenna pole ($1,542.01). He recommended approval of Change Order No. 1 in the total amount of $213,542.01. 97-1197 Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to approve Change Order No. 1 on the Radio Telemetry System, Project No. 95-948, in the amount of $213,542.01. Aye: (5) . Nay: (0) . Motion carried. (8.3) Resolution Number 97-5194 appointing members to various citizen boards and commissions. 97-1198 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Resolution Number 97-5194. Aye: (5) . Nay: (0) . Motion carried. (8.4) Change Order No. 1 on the Structure Demolition Project, Fire Department Training Facility, Project No. 97-1031, in the amount of $6,160. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the contract and the change order for additional asbestos abatement of transite siding material on three of the nine buildings which included hand removal of each section of siding. The amount of the change order reflects a 24 percent increase in the contract amount. He also explained the professional services used in the bid process, the error of this service in not reporting this siding material, and the pursuance of damages by staff. 97-1199 Moved by Commissioner Heath, seconded by Commissioner Brungardt, to approve Change Order No. 1 on the Structure Demolition Project, Fire Department Training Facility, Project No. 97-1031, in the amount of $6,160 and direct staff to pursue damages with KW Support Services. Aye: (5). Nay: (0) . Motion carried. OTHER BUSINESS (9.1) Dennis Kissinger, City Manager, explained the neighborhood drainage channel project behind Eastborough noting problems due to erosion Commission 97-1200 97-12011 97-12021 97-12031 and the need to expand the project. He noted a window of opportunity to expand this project which is ideal for a 50-50 cost share with an interested neighboring property owner. He stated that the City's share should not exceed $10,000 and that the City Manager has the authority to approve amounts under this expected amount, however, he asked for authority to proceed and to bring the matter back to the Commission for ratification. Moved by Commissioner Brungardt, seconded by Commissioner Heath, to authorize the City Manager and staff to proceed. Aye: (4) . Nay: (1) , Jilka. Motion carried. (9.2) Mayor Seaton noted that there will not be a City Commission meeting next Monday, September 1, 1997. (8.5) Request for Executive Session to discuss personnel and legal matters. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to recess into executive session for the purpose of discussing the a matter which is subject to the attorney-client privilege, for the reason that public discussion would waive the privilege and would potentially jeopardize the City's position in the matter to be discussed; and a personnel matter regarding non -elected City employees, for the reason that public discussion of the matter would invade the privacy rights of the employees; and that the City Commission reconvene in this room in 25 minutes or at 4:57 p.m. Aye: (5). Nay: (0) . Motion carried. The Board of Commissioners recessed at 4:32 p.m. and reconvened at 4:55 p.m. Moved by Commissioner Brungardt, seconded by Commissioner Jilka, to return to executive session and reconvene in this room in 15 minutes or at 5:10 p.m. Aye: (5). Nay: (0). Motion carried. The Board of Commissioners recessed at 4:56 p.m. and reconvened at 5: 10 p.m. No action was taken. ADJOURNMENT Moved by Commissioner Heath, seconded by Commissioner Jilka, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) . Nay: (0) . Motion carried. The meeting adjourned at 5:12 p.m. [SEAL] ATTEST: , C C, ty Clerk ristin M. S ton, Mayor