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12-22-1997 MinutesAction 97-13251 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS DECEMBER 22, 1997 4:00 p.m. The City Commission convened at 3:30 p.m. in a Study Session for an Open Citizens' Forum. 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 Barbara R. Weber, Deputy City Clerk Mayor Kristin M. Seaton Judy D. Long, City Clerk None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) The Vice Mayor presented plaques of appreciation to former Employee Council members: Wayne Norman, Kay Jennings, David Klanke, and Kristy Graham. Calvin Kelsey and Jim Wendell were not present to receive their plaques. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing on street and utility improvements in Chapel Ridge Subdivision, Belmont Plaza Addition, Tasker Addition, Valley View Addition, Nord Subdivision and Wallerius Addition, Project No. 96-971; Schilling Road Improvements, Project No. 95-928; and Magnolia Interchange Improvements, Project No. 95-924. (5.1a) Second Reading Ordinance Number 97-9840. Vice Mayor Brungardt called the public hearing to order. Shawn O'Leary, Director of Engineering, explained the purpose of the public hearing and that there was no new information to be presented at this time. There being no other comments, the Vice Mayor declared the public hearing closed. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance Number 97-9840 on second reading. A roll call vote was taken. Aye: (4), Heath, Shadwick, Jilka, Brungardt. Nay: (0). Motion carried. (5.2) Appeal hearing - Taxi Driver License Denial. Vice Mayor Brungardt called the public hearing to order. Dennis Kissinger, City Manager, explained the regulation of taxi cab drivers, Mr. Galbraith's denials and the results of the police records investigation. Mr. Galbraith was not present to appeal. There being no other comments, the Vice Mayor declared the public hearing closed . Action i 97-1326 97-1327 97-1328 97-1329 97-1330 97-1331 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to affirm the decision of the City Manager to deny the license application. Aye: (4) . Nay: (0) . Motion carried. CONSENT AGENDA (6.1) Approve the minutes of December 8, 1997. (6.2) Resolution Number 97-5224 prescribing the corporate limits of the City of Salina. (6.3) Resolution Number 97-5225 authorizing a one year extension to the Household Hazardous Waste Disposal Contract. (6.4) Resolution Number 97-5229 authorizing the City Manager to execute Certificates of Release from Environmental Condition Liability to certain persons. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to approve the consent agenda as presented. Aye: (4) . Nay: (0) . Motion carried. DEVELOPMENT BUSINESS (7.1) Application #P97 -7/7A, filed by DMH and Associates, requesting approval of the Mid State Plaza Addition, a proposed six (6) lot subdivision of the 30 acre Mid State Plaza site at the southwest corner of 9th & Magnolia. Roy Dudark, Director of Planning and Community Development, explained the application and the City Planning Commission's approval and recommendation for approval of the final plat. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to concur with the City Planning Commission, accept the offered dedications and authorize the Mayor to sign the final plat. Aye: (4) . Nay: (0) . Motion carried. (7.2) Application #Z97-12, filed by DMH and Associates, requesting a change in zoning district classification from C-3, Shopping Center District to C-5, Service Commercial for property located at 2404 S. 9th. (7.2a) First reading Ordinance Number 97-9849. (7.2b) Declare an emergency exists in order to have second reading of the ordinance on the same day. (7.2c) Second reading Ordinance Number 97-9849. Roy Dudark, Director of Planning and Community Development, explained the application for a zoning change and the City Planning Commission's recommendation for approval. Moved by Commissioner Jilka, seconded by Commissioner Heath, to approve Ordinance Number 97-9849 for first reading. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to declare an emergency exists in order to have second reading of the ordinance on the same day. Aye: (4) . Nay: (0) . Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance Number 97-9849 on second reading. A roll call vote was taken. Aye: (4), Heath, Shadwick, Jilka, Brungardt. Nay: (0). Motion carried. (7.3) Consider adoption of the South Ninth Street Corridor Study as an amendment to the Comprehensive Plan. (7.3a) First reading Ordinance Number 97-9850. Roy Dudark, Director of Planning and Community Development, explained the study and reviewed the City Planning Commission's recommendation for adoption. Action i 97-1332 97-1333 97-1334 97-1335 97-1336 97-1337 97-1338 97-1339 Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve Ordinance Number 97-9850 for first reading. Aye: (4) . Nay: (0) . Motion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 97-9832 providing for the addition of Section 36-81 to the Salina Code Subdivision Regulations pertaining to dedication of park land. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance Number 97-9832 on second reading. A roll call vote was taken. Aye: (4), Heath, Shadwick, Jilka, Brungardt. Nay: (0). Motion carried. (8.2) Second reading Ordinance Number 97-9847 establishing a park impact fee applicable to certain neighborhood park growth areas in the city. Moved by Commissioner Jilka, seconded by Commissioner Shadwick, to adopt Ordinance Number 97-9847 on second reading. A roll call vote was taken. Aye: (4), Heath, Jilka, Shadwick, Brungardt. Nay: (0). Motion carried. (8.3) Second reading ordinance Number 97-9844 providing for the rezoning of property located at 1017 S. Santa Fe from R-2, Multi -Family Residential, to PC -1, Planned Restricted Business. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance Number 97-9844 on second reading. A roll call vote was taken. Aye: (4), Jilka, Shadwick, Heath, Brungardt. Nay: (0). Motion carried. (8.4) Second reading Ordinance Number 97-9846 providing for the vacation of a portion of the public right-of-way in Twin Oaks II Subdivision. Shawn O'Leary, Director of Engineering, explained the vacation request. Moved by Commissioner Heath, seconded by Commissioner Jilka, to adopt Ordinance Number 97-9846 on second reading. A roll call vote was taken. Aye: (4), Shadwick, Heath, Jilka, Brungardt. Nay: (0). Motion carried. (8.5) Final reading Ordinance Number 97-9842 providing for the vacation of a portion of the public utility easement in Highland Meadows Hamlet Addition. Shawn O'Leary, Director of Engineering, explained that the minor change includes reference to one of the petitioners to fulfill the request of the applicant. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance Number 97-9842 on final reading. A roll call vote was taken. Aye: (4), Jilka, Shadwick, Heath, Brungardt. Nay: (0). Motion carried. (8.6) Year End Financial Items (8.6a) First reading Ordinance Number 97-9848. (8.6b) Declare an emergency exists in order to have second reading of the ordinance on the same day. (8.6c) Second reading Ordinance Number 97-9848. Rod Franz, Director of Finance and Administration, explained the Year End financial items and the requested action of the Commission. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve Ordinance Number 97-9848 for first reading. Aye: (4). Nay: (0) . Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to declare an emergency exists in order to have second reading of the ordinance on the same day. Aye: (4) . Nay: (0) . Motion carried. Action ; 97-1340 97-1341 97-1342 97-1343 97-1344 97-1345 97-1346 97-1347 97-1348 Moved by Commissioner Shadwick, seconded by Commissioner Heath, to adopt Ordinance Number 97-9848 on second reading. A roll call vote was taken. Aye: (4), Jilka, Shadwick, Heath, Brungardt. Nay: (0). Motion carried. Moved by Commissioner Heath, seconded by Commissioner Jilka, to approve the corporate authorization resolution for the Municipal Court Bond Account. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to authorize the transfer of $131,928.24 from the General Fund to the Construction Fund. Aye: (4) . Nay: (0) . Motion carried. (8.7) Award of contract for the Ohio Street and Cloud Street Intersection Improvements, Project No. 97-1050. Shawn O'Leary, Director of Engineering, explained the project, the bids received December 16, 1997, and staff's recommendation. Moved by Commissioner Jilka, seconded by Commissioner Heath, to award the contract for the Ohio Street and Cloud Street Intersection Improvements, Project No. 97-1050, to B & W Electrical Contractors in an amount not to exceed $114,603.62. Aye: (4). Nay: (0). Motion carried. (8.8) Resolution Number 97-5226 authorizing a Quitclaim Deed to George and Martha Robertson for excess right-of-way along Ninth Street and reserving a public drainage easement. Greg Bengtson, City Attorney, explained the excess right-of-way received from K. D .O. T . and the agreement made with the Robertsons. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Resolution Number 97-5226. Aye: (4). Nay: (0). Motion carried. (8.9) Resolution Number 97-5227 amending the North Ohio Street Project authorization to $800,000 and awarding of the contract for the project, Project No. 97-1014. Shawn O'Leary, Director of Engineering, explained this major project, the bids received December 16, 1997, and staff's recommendation. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to award the contract to Smoky Hill, LLC in an amount not to exceed $725,714.40. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Resolution Number 97-5227. Aye: (4) . Nay: (0) . Motion carried. (8.10) Change order and award of contract for Golf Course projects. (8.10a) Change Order No. 1 for the Municipal Golf Course Cart Paths, Project No. 97-1030, in the amount of $7,065.00. (8.10b) Award contract for the Municipal Golf Course Apron Construction, Project No. 97-1085. Shawn O'Leary, Director of Engineering, explained the Change Order that deletes the Clubhouse Apron Reconstruction from the contract and the addition of a sidewalk along South Ninth Street from Charlotte Avenue to Central Mall. Mr. O'Leary then explained the Municipal Golf Course Apron Construction, Project No. 97-1085 and the bids received December 17, 1997. Moved by Commissioner Shadwick, seconded by Commissioner Heath, to approve Change Order No. 1 for the Municipal Golf Course Cart Paths, Project No. 97-1030, in the amount of $7,065.00. Aye: (4). Nay: (0). Motion carried. Moved by Commissioner Heath, seconded by Commissioner Jilka, to award the contract to Faubion Concrete in an amount not to exceed $24,244.80. Aye: (4). Nay: (0). Motion carried. (8.11) Resolution Number 97-5228 authorizing an agreement with the law firm of Clark, Mize, and Linville for continued legal services. Action Dennis Kissinger, City Manager, explained the history and agreement with Clark, Mize, and Linville, the changes and clarifications made to the agreement, the retainer increase and staff's recommendation for approval of the agreement. 97-1349 Moved by Commissioner Jilka, seconded by Commissioner Heath, to adopt Resolution Number 97-5228. Aye: (4) . Nay: (0) . Motion carried. (8.12) Award bids for Vehicle and Equipment Purchases. Rod Franz, Director of Finance and Administration, explained the bids received December 2, 1997 and staff's recommendation for approval. 97-1350 Moved by Commissioner Heath, seconded by Commissioner Shadwick, to approve the purchases as listed: Police Package Vehicles (2) to Long -McArthur Ford in the amount of $45,520.00, the Patrol Car Video Systems (6) to Kustom Signals, Inc. in the amount of $33,524.00, the Truck Mounted Hopper Spreaders (2) to Midwest Truck in the amount of $13,430.00, the Bicentennial Center Pickup with snowplow to be purchased separately, to Ed Bozarth Chevrolet in the amount of $20,353.00 with the snow plow to be acquired from a distributor for approximately $2,400.00. Aye: (4). Nay: (0) . Motion carried. OTHER BUSINESS (9.1) Vice Mayor Brungardt announced that there will not be a meeting of the City Commission next Monday as it will be the fifth Monday and wished everyone a happy holiday. ADJOURNMENT 97-1351 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 5:05 p.m. [ SEAL] ATTEST: 4_� , CMC, City Clerk ristin M. Seton, Mayor