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05-20-1996 MinutesAction # ITY OF SALINA, KANSAS EGULAR MEETING OF THE BOARD OF COMMISSIONERS AY 20, 1996 :00 p.m. Regular Meeting of the Board of Commissioners met in the Commission ig Room, City -County Building, on Monday, May 20, 1996, at 4:00 p.m. e were present: Mayor Evelyn Maxwell, Chairman presiding Commissioner R. Abner Perney Commissioner John Divine Commissioner Peter F. Brungardt Commissioner Kristin M. Seaton rising a quorum of the Board, also present: IlAbsent : Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Barbara R. Weber, Deputy City Clerk Judy D. Long, City Clerk CITIZEN FORUM Ralph Myers, 2308 Edward Street, spoke regarding a letter of thanks to the Commissioners and City Staff for golf course improvements and responding to inquiries from golfers. Dennis Kissinger, City Manager, explained that a non-profit organization had contacted the City regarding the installation and maintenance of "Peace Poles." He asked any interested group or party to contact the City Manager's Office for more information. AWARDS - PROCLAMATIONS (4.1) The Week of May 19th through May 25th, 1996 as "EMERGENCY MEDICAL SERVICES WEEK" in the City of Salina. The proclamation was read by Joe Knott, Division Chief Ambulance Service. (4.2) The Week of May 20th through 26th, 1996 as "MENTAL HEALTH AWARENESS WEEK" in the City of Salina. The proclamation was read by Jeri Strange, President Crossroads Club. (4.3) Mayor Maxwell spoke regarding Junior Leadership in Salina and appointed Jamie LoVullo to the Arts and Humanities Commission and Kristine Isaacson to the Park and Recreation Board of Advisors, as Youth Liaisons. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of May 13, 1996. (6.2) Petition Number 4117, filed by Matthew Wagoner, for the installation of certain street and utility improvements in River Meadows Addition, Victoria Heights Addition and Unplatted Tract Number 1. (6.3) Approval of the plans and specifications for Pump Station Number 2 and Pump Station Number 19 Rehabilitation, Project Number 95-952 and direct staff to set a date to receive bids. (6.4) Authorize staff to set a date to receive bids for construction of pond in Ivey Park, Project Number 96-973. (6.5) Approval of the Schilling Road/Royal Drive Intersection Improvements, Project Number 96-968, and authorization for staff to set a bid date for the project. Action # 96-567 Moved by Commissioner Perney, seconded by Commissioner Seaton, to approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion arried . 96-568 96-569 96-570 96-571 96-572 DEVELOPMENT BUSINESS 7.1) Application Number CP96-1/ lA , filed by Salina Economic Development :orporation, requesting approval of a preliminary/final plat for South Industrial ,rea No. 3, a 1 lot subdivision of a 21 acre tract located north of Water Well :oad , east of the Union Pacific Railroad tracks. Roy Dudark, Director of Planning and Community Development, xplained the application request. He spoke regarding zoning, annexation, ses and drainage. He noted a change in Condition Number 1 to now read as allows: "Approval of plans and specifications for drainage improvements by he City Engineer prior to issuance of a building permit." Moved by Commissioner Brungardt, seconded by Commissioner Divine, to concur with the Planning Commission authorizing the Mayor to sign he plat with the substitution of Condition Number 1. Aye: (5) . Nay: (0) . lotion carried. ADMINISTRATION (8.1) Second reading Ordinance Number 96-9740 amending Chapter 28 of the Salina Code regarding Peddlers and Solicitors. (8.1a) Resolution Number 96-5012 amending the Comprehensive Fee Schedule. Dennis Kissinger, City Manager, explained the minor changes made to the ordinance and the association of the accompanying resolution. Moved by Commissioner Divine, seconded by Commissioner Perney, to adopt Ordinance Number 96-9740 as amended. A roll call vote was taken. Aye: (5), Perney, Seaton, Divine, Brungardt, Maxwell. Nay: (0). Motion carried. Moved by Commissioner Divine, seconded by Commissioner Seaton, to adopt Resolution Number 96-5012. Greg Bengtson, City Attorney, explained the definition of vendor indicates a business. Mayor Maxwell called for a vote to the motion on the floor. Aye: (5) . Nay: (0) . Motion carried. (8.2) Resolution Number 96-5010 authorizing application by the City of Salina for a Caterer's license as the owner and operator of the Salina Bicentennial Center. Keith Rawlings, Bicentennial Center Director, explained the changes made by the state, the limitations of the old method of operating, and the benefits of this change. Dennis Kissinger, City Manager, advised the Commission that these changes will also allow greater administrative control of events and liability prevention. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to approve Resolution Number 96-5010. Aye: (5) . Nay: (0) . Motion carried. (8.3) Resolution Number 96-5013 authorizing the Mayor to execute an agreement between the City of Salina and Agler and Gaeddert, Chartered, Certified Public Accounts, for an audit of city records for the year ending December 31, 1995, for a cost not to exceed $22,850. Rod Franz, Director of Finance and Administration, explained the audit history of the City and the benefits of the proposed agreement with the firm of Agler and Gaeddert, Chartered. Moved by Commissioner Seaton, seconded by Commissioner Perney, to approve Resolution Number 96-5013, authorizing the Mayor to execute an agreement between the City and Agler and Gaeddert, Certified Public Accountants, for an audit of City records at a cost not to exceed $22,800. Aye: (5) . Nay: (0) . Motion carried. Action 96-573 96-574 96-575 (8.4) Consideration of request for a break in restricted access on Marcella Drive. (8.4a) First reading Ordinance Number 96-9741. The Commission discussed the development of the North/South road on the east side of the lot with Roy Dudark, Director of Planning and Community Development, stating that the applicant's engineers are looking at solving the delineation problem and further discussed the width of the access. Susan Goding, Goding Realty, Inc., representing the applicant Casey's General Store, indicated the width of the access was a matter of safety to them and reiterated that they would like to have the forty -foot opening. After a further discussion of the request and the current maximum driveway standard of thirty -feet it was moved by Commissioner Divine, seconded by Commissioner Seaton, to adopt Ordinance Number 96-9741 with the following conditions recommended by staff: 1. The break -in -access shall be limited to the current maximum opening of thirty (30) linear feet to remain in compliance with the current driveway standards. With a typical driveway approach, a thirty-foot driveway at the property line actually equates to a forty -one -foot curb opening. 2. The north boundary of the break -in -access shall be a minimum of sixty-six linear feet from the south end of radius of the intersection of Schilling Road to remain in compliance with the current driveway standards. This standard deals with clearance distance between access driveways and busy intersections to provide space for vehicular stacking in the interest of public safety. 3. This additional break -in -access does not change, in an way, the original development plan whereby an internal access road will be constructed with one opening onto Schilling Road and one opening onto Marcella Drive. Aye: (5) . Nay: (0) . Motion carried. (8.5) Executive Session to discuss a real estate matter. (8.5a) Resolution Number 96-5011 authorizing the City Manager to execute a contract for the purchase of permanent easement necessary for the construction of a sanitary sewer pump station. Moved by Commissioner Perney, seconded by Commissioner Divine, that the City Commission recess into executive session for the purpose of conducting preliminary discussions relating to the acquisition of an interest in real property for the reason that public discussion of the matter would adversely affect the City's ability to potentially acquire the real property at the least public expense and under the most favorable terms possible; and that the Commission reconvene in this room in ten minutes or at 5:12 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 5:02 p.m. and reconvened at 5:10 p.m. Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Resolution Number 96-5011 authorizing the City Manager to execute a contract for the purchase of the permanent easement in an amount not to exceed $20,000. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Mayor Maxwell mentioned that during the Study Session alternatives for smoking at the Bicentennial Center were discussed. She encouraged public comment to the City Manager or to the City Commissioners. Shawn O'Leary, Assistant Director of Engineering, explained the request and gave the staff report. He explained the location of the requested break in the restricted access, the request, and easements. He indicated an ordinance will be required to change the original plat and discussed the Planning Commission's recommendation to allow a forty -foot driveway on Marcella Drive, as well as the additional conditions to grant the break in the access. The Commission discussed the development of the North/South road on the east side of the lot with Roy Dudark, Director of Planning and Community Development, stating that the applicant's engineers are looking at solving the delineation problem and further discussed the width of the access. Susan Goding, Goding Realty, Inc., representing the applicant Casey's General Store, indicated the width of the access was a matter of safety to them and reiterated that they would like to have the forty -foot opening. After a further discussion of the request and the current maximum driveway standard of thirty -feet it was moved by Commissioner Divine, seconded by Commissioner Seaton, to adopt Ordinance Number 96-9741 with the following conditions recommended by staff: 1. The break -in -access shall be limited to the current maximum opening of thirty (30) linear feet to remain in compliance with the current driveway standards. With a typical driveway approach, a thirty-foot driveway at the property line actually equates to a forty -one -foot curb opening. 2. The north boundary of the break -in -access shall be a minimum of sixty-six linear feet from the south end of radius of the intersection of Schilling Road to remain in compliance with the current driveway standards. This standard deals with clearance distance between access driveways and busy intersections to provide space for vehicular stacking in the interest of public safety. 3. This additional break -in -access does not change, in an way, the original development plan whereby an internal access road will be constructed with one opening onto Schilling Road and one opening onto Marcella Drive. Aye: (5) . Nay: (0) . Motion carried. (8.5) Executive Session to discuss a real estate matter. (8.5a) Resolution Number 96-5011 authorizing the City Manager to execute a contract for the purchase of permanent easement necessary for the construction of a sanitary sewer pump station. Moved by Commissioner Perney, seconded by Commissioner Divine, that the City Commission recess into executive session for the purpose of conducting preliminary discussions relating to the acquisition of an interest in real property for the reason that public discussion of the matter would adversely affect the City's ability to potentially acquire the real property at the least public expense and under the most favorable terms possible; and that the Commission reconvene in this room in ten minutes or at 5:12 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 5:02 p.m. and reconvened at 5:10 p.m. Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Resolution Number 96-5011 authorizing the City Manager to execute a contract for the purchase of the permanent easement in an amount not to exceed $20,000. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS (9.1) Mayor Maxwell mentioned that during the Study Session alternatives for smoking at the Bicentennial Center were discussed. She encouraged public comment to the City Manager or to the City Commissioners. Action 96-576 Moved by Brungardt, that the adjourned. Aye: (5) . 5:13 p.m. [ SEAL] ATTEST: ADJOURNMENT Commissioner Divine, seconded by Commissioner Regular Meeting of the Board of Commissioners be Nay: (0). Motion carried. The meeting adjourned at D. Lo g, City Clerk Kistin Seaton, Vice -Mayor