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