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10-19-1998 MinutesCommission Action # �bo;aaeasa�a 98-1742 ITY OF SALINA, KANSAS EGULAR MEETING OF THE BOARD OF COMMISSIONERS CTOBER 19, 1998 00 P.M. City Commission convened at 2:30 p.m. in a Study Session to discuss Quarterly Reports. The Jar Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City- ity Building. A roll call was taken followed by the Pledge of Allegiance and a moment of were present: sent: Mayor Peter F. Brungardt, Chairman presiding Commissioner Kristin M. Seaton Commissioner Monte Shadwick Commissioner Don Heath Commissioner Alan Jilka ing a quorum of the Board, also present: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk None. CITIZEN FORUM Florence Terrell, formerly of 1410 Teakwood, Talley Ho Mobile Home Park, asked why the possible financial assistance came so late in the process. She was informed that this will be discussed in item 7.2. Jim Sutherland, 1419 Winona, Talley Ho Mobile Home Court, asked who enforces the Mobile Home Tenant Act as he thought there had been many violations. It was noted that there have been numerous discussions with Mr. Sutherland regarding his concerns and that the Human Relations Commission had also been involved. In closing, it was restated that Mr. Sutherland's issues are with the new mobile court owner and that he has been advised to seek legal counsel. AWARDS - PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of October 12, 1998. (6.2) Consideration of bids received for a 1999 one-half ton pickup. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve the consent agenda (awarding the bid for a 1999 F-150 one-half ton extended cab pickup truck to Lacy- Regehr of McPherson in the amount of $12,336.00 with trade). Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Request by Paul Mai for city assistance with submittal of a CDBG economic development funding application to the Department of Commerce and Housing on behalf of A -Plus Galvanizing Plant. Commission Action # `98-1743 98-1744 Roy Dudark, Director of Planning and Community Development, explained Mr. Mai's ,t for a $500,000 CDBG application for funding to help finance the construction of the izing plant and the grant/loan process. Ken Wasserman, Mr. Mai's legal representative, asked that the Commission authorize request. Pete Peterson, 129 S. 8' Street, Chamber Chairman, read part of a distributed letter Gerald Cook, Chamber of Commerce President, in support of the request. Moved by Commissioner Heath, seconded by Commissioner Shadwick, to authorize the paration of a CDBG Economic Development application for the A -Plus Galvanizing project and November 2, 1998 as the date for public hearing. Aye: (5). Nay: (0). Motion carried. .2) Resolution Number 98-5347 authorizing financial assistance for improvements to vner-occupied homes within the Tally Ho Mobile Home Park located at 1825 Dover Drive. Roy Dudark, Director of Planning and Community Development, explained the sity of the program and explained the program guidelines. Jim Sutherland, Tally Ho Mobile Home Park, asked if he did not allow the City to act on behalf would his dead line be extended. Dennis Kissinger, City Manager, noted that if people did not receive City assistance, but in the process of working on their homes, they need to work directly with the company for an extension. Florence Terrell, former Tally Ho Mobile Home Park resident, stated that they fired the first set of managers and are now on the second set. Mr. Kissinger explained that the previous managers were retained until ARC staff, the new Tally Ho Mobile Home Park owners, could be located here. Connie Heater, 1440 Teakwood, Tally Ho Mobile Home Park, said the company has with her on the improvements and asked if she were eligible for assistance for the remaining improvements. Mr. Kissinger responded that anyone who has not attended the meetings can contact staff after the meeting, staff will go out and do an inspection and try to work with them. He stated that she is not too late. Sister Beatrice Zapata, works at Catholic Charities, 425 West Iron, worked with a of people with the City doing translating and commended the City on what is being done. Moved by Commissioner Shadwick, seconded by Commissioner Seaton, to adopt Resolution Number 985347 authorizing financial assistance for improvements to owner -occupied homes within the Tally Ho Mobile Home Park. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) Resolution Number 98-5348 authorizing the Mayor to execute an agreement with Agler and Gaeddart Chartered for an audit of city records for the year ending December 31, 1998. Rodney Franz, Director of Finance and Administration, explained the agreement.. 98-1745 Moved by Commissioner Jilka, seconded by Commissioner Seaton, to adopt Resolution Number 98-5348, in an amount not to exceed $28,500. Aye: (5). Nay: (0). Motion carried. (8.2) Authorize staff to purchase land from the Union Pacific Railroad Company. Commission Action # Consouaaieo-sauna 98-1746 98-1747 98-1748 98-1749 98-1750 Darron Leiker, Assistant to the City Manager, explained the purchase. He noted that a .-tion would be used to construct a new Animal Shelter. He gave the recommendation that staff be horized to purchase land from the Union Pacific Railroad Company in the amount of $5,000.00 to funded from the 1998 C. I. P. Planning Fund. Moved by Commissioner Seaton, seconded by Commissioner Heath, to authorize staff purchase the land at Second and Elm Street from the Union Pacific Railroad Company at a cost of ,000.00. Aye: (5). Nay: (0). Motion carried. 3.3) Designation of Schilling School Area as Neighborhood Service Area #4 and schedule for 999. Dennis Kissinger, City Manager, explained that this is to officially designate this area as eighborhood Service Area No. 4 proceed in 1999 with the project. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to officially ignate the Schilling School area as Neighborhood Service Area No. 4, and direct the staff to ceed in early 1999 with the Neighborhood Improvement Program in this area. Aye: (5). Nay: Motion carried. 4) Second reading Ordinance Number 98-9894 granting Southwestern Bell Telephone impany a franchise to operate a telecommunications company in the city. Mayor Brungardt stated that the Commission would defer action on this item until after N.W 5) Request for Executive Session (real estate). Moved by Commissioner Shadwick, seconded by Commissioner Heath, that the City Commission recess into executive session for 10 minutes for the preliminary discussion relating to the acquisition of real estate for the reason that public discussion would jeopardize the City's ability to acquire the property at its current fair market value and that the City Commission reconvene in this room at 4:52 p.m. Aye: (5). Nay: (0). Motion carried. The Board of Commissioners recessed into Executive Session at 4:42 p.m. An audio tape of Ordinance Number 98-9894 was played in the regular public meeting room during the Executive Session in compliance with Kansas law regarding the approval of franchise ordinances. The Commissioners reconvened at 4:52 p.m. No action was taken based upon the discussion in Executive Session. Moved by Commissioner Shadwick, seconded by Commissioner Jilka, to adopt Ordinance Number 98-9894 on second reading. Aye: (5). Nay: (0). Motion carried. (8.6) First reading Ordinance Number 98-9895 ordering the condemnation and acquisition of fee simple title to certain real estate for the use of the City of Salina for the purpose of storm drainage detention or storage. (Knox Sandpit) Greg Bengtson, City Attorney, explained that this was to proceed in the eminent domain process for the area known as the Knox Sandpit. David Olson, 2435 S. Kipp Road, asked what the boundaries of this area are because he owns property in the area. He also asked about maintenance concerns. Dennis Kissinger, City Manager, responded to the concerns noting that there are no environmental issues foreseen, that the City is a good steward of the land and will do what is required related to maintaining & mowing. He summarized that the area will receive better maintenance and see environmental improvement. Moved by Commissioner Jilka, seconded by Commissioner Seaton, to approve Ordinance Number 98-9895 for first reading. Aye: (5). Nay: (0). Motion carried. Commission Action # 98-1751 98-1752 (8.7) First reading Ordinance Number 98-9896 ordering the condemnation and acquisition of fee simple title to certain real estate for the use of the City of Salina for the purpose of storm drainage detention or storage. (East of Sarah Lane.) Greg Bengtson, City Attorney, explained that this is the same step in the process for an area east of Sarah Lane. Dennis Kissinger, City Manager, explained the need and proposed use of the land not for new development but for existing areas. Dan Meinhardt, one of the owners of Golden Eagle Estates, felt that the area around the 14 acre tract could be developed if the shape were altered. He asked if the City would consider this or if it had to be the way it was. He asked if it could be made more like Red Fox Lane. Dennis Kissinger, City Manager, noted that there is no specific design plans at this time and when the time comes for design plans that abutting property owners would be welcome to participate. He acknowledged the possibility for the property owner to come in with engineering design plans in the future and try to reacquire a portion of the land for development. Tim Howison, one of the owners of Golden Eagle Estates, asked for clarification of the of the 14 acres. He was offered a copy of the legal description. David Olson, asked where the dirt was going to go and if it could be utilized on his )perty. He was told that when the time arose the contractor and perhaps the city would determine allocation of the destination with further clarification that typically the contractor has possession the dirt. Moved by Commissioner Seaton, seconded by Commissioner Jilka, to approve Ordinance Number 98-9896 for first reading, . Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Mayor Brungardt thanked staff for well run dump off day for trash and branches in the Markley area. ADJOURNMENT Moved by Commissioner Shadwick, 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 5:17 p.m. [SEAL] ATTEST: 4, CMC, City erk Peter F. Brungardt, Mayor