02-26-1996 MinutesAction
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
FEBRUARY 26, 1996
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, February 26, 1996, at 4:00
p.m.
There were present:
Mayor John Divine, Chairman presiding
Commissioner R. Abner Perney
Commissioner Evelyn Maxwell
Commissioner Peter F. Brungardt
Commissioner Kristin M. Seaton
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 the regular meeting of February 12, 1996.
(6.2) Resolution Number 96-4979 authorizing the City Manager to enter into
a contract to remove waste tires from the Salina Landfill for permanent disposal.
(6.3) Report on bids received for the Animal Shelter of a 1996 1/2 ton
$ickup recommending purchase from Long -McArthur, Inc. at a cost of
10,681.00.
(6.4) Resolution Number 96-4982 authorizing the Mayor to execute
Supplemental Agreement Number 2 to KDOT Agreement Number 98-90 regarding
the Schilling Road/I-135 Interchange Project Number 92-851.
(6.5) Approval of the 1996 Joint and Crack Sealing Project Number 96-966
and authorization to set a date to receive bids.
(6.6) Approval of the 1996 Latex Modified Slurry Seal Project Number
96-967 and authorization to set a date to receive bids.
(6.7) Resolution Number 96-4986 authorizing the Mayor to enter into lease
agreements with Jim Shirack for the operation of batting cages at Bill Burke
Park and East Crawford Recreation Area.
Steve Snyder, Director of Parks and Recreation, responded to
Commissioner Maxwell's question asking if the income from the batting cages
had been examined for increase or decrease by explaining the lease amount,
and stating that he feels comfortable keeping it the same.
Frank Weinhold, Director of General Services, answered Mayor
Divine's question regarding tires being dumped along county roads by
informing the Commission that while some complaints have been received it is
about the same as in the past.
Action
96-475 Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion
carried.
DEVELOPMENT BUSINESS
(7.1) Application Number P96 -1A, filed by ERC Properties, requesting
final plat approval of Chapel Ridge Subdivision, a replat of a 21.18 acre tract
within the Central Mall Subdivision.
(7.1a) Second reading Ordinance Number 95-9714 regarding the
rezoning of Chapel Ridge Subdivision.
Roy Dudark, Director of Planning and Community Development,
explained the final plat and rezoning requests. He clarified this item is for
Phase I approval only at this time. The sidewalk location on the north side has
been through various changes and is still being located for school students
and explained the current plan. He advised the School Safety Committee
should look at the school crossing planned at Belmont and Magnolia. He
explained the changes that have been made to the ordinance, recommending
approval with the amendments.
Mr. Dudark discussed the issue of two entrances for emergency use,
sidewalks, right-of-way for children crossing to Montclair, traffic lights and the
fence screening with the Commissioners.
96-476 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve the final plat. Aye: (4). Nay: (1), Maxwell as she feels
this item should be returned to the Planning Commission. Motion carried.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Ordinance Number 95-9714 on second
reading.
Jim Patterson, 2216 Leland Way, read a letter in opposition to the
complex stating the complex should be placed in areas already zoned high
density. He expressed his concerns for increased costs to the tax payers and
feels enough effort has not been made to sell the lots for single family
development. Warren Bevens, 2264 Leland Way, also signed the letter read by
Mr. Patterson.
Ken Wasserman, attorney representing the owner and developer,
believes Mr. Patterson's concerns have been addressed. He reaffirmed the
request for approval as submitted and clarified this complex is a viable business
interest. He has found there to be great interest in this project by potential
tenants and local businesses.
Mr. Dudark answered additional questions pertaining to lighting and
fencing concerns.
Shawn O'Leary, Assistant Director of Engineering and Development,
addressed concerns about the drainage design.
Don Hoff, Director of Engineering and Development, addressed
concerns about the flooding of the water retention pond.
96-477 Mayor Divine called for a roll call vote for the motion on the floor.
A roll call vote was taken. Aye: (4), Perney, Brungardt, Seaton, Divine.
Nay: (1) , Maxwell, for the reason that she feels it should be returned to the
Planning Commission. Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 96-9722 levying special
assessments on certain pieces and parcels of ground in the city for the
purpose of paying a portion of the cost of certain street and utility
improvements.
Judy Long, City Clerk, explained the special assessment ordinance
and confirmed that no comments have been received.
96-478 Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
adopt Ordinance Number 96-9722 on second reading. A roll call vote was
taken. Aye: (5), Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0).
Motion carried.
Action
(8.2) Second reading Ordinance Number 96-9724 relating to the cutting of
weeds and vegetation.
Judy Long, City Clerk, advised that no comments have been
received.
96-479 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt Ordinance Number 96-9724 on second reading. A roll call
vote was taken. Aye: (5), Perney, Maxwell, Brungardt, Seaton, Divine.
Nay: (0) . Motion carried.
(8.3) Resolution Number 96-4980 authorizing and directing the issuance,
sale and delivery of $5,050,000 of temporary notes, Series 1996-1, for the
purpose of providing funds to pay the cost of construction of the
Magnolia/1-135 Interchange Project Number 94-924.
Rod Franz, Director of Finance and Administration, explained the
two bids received today. He recommended the sale to the low bidder,
Boatman's of St. Louis, at 3.79%.
96-480 Moved by Commissioner Maxwell, seconded by Commissioner Seaton, to
award the sale to the low bidder Boatman's of St. Louis. Aye: (4). Nay: (1)
Perney as it pertains to the Magnolia Interchange. Motion carried.
(8.4) Resolution Number 96-4984 authorizing the Mayor to execute an
agreement with Bucher, Willis & Ratliff Corporation and the Kansas Department
of Transportation for construction engineering services for the Magnolia
Road/1-135 Interchange Project Number 94-924 not to exceed $112,736.
Mayor Divine advised he will be abstaining for a potential conflict of
interest.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the three -party agreement.
96-481 Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to
adopt Resolution Number 96-4984. Aye: (3) . Nay: (1) , Maxwell. Abstain:
(1) , Divine. Motion carried.
(8.5) Consider annexation of the right-of-way acquired for the Magnolia
Interchange Project.
(8.5a) First reading Ordinance Number 96-9725.
Roy Dudark , Director of Planning and Community Development,
explained the proposed right-of-way annexation.
96-482 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approved Ordinance Number 96-9725 for first reading. Aye: (5) .
Nay: (0) . Motion carried.
(8.6) Resolution Number 96-4977 authorizing a pilot mulching mower rebate
program.
Mike Morgan, Deputy City Manager, explained that this is an
incentive pilot rebate program to reduce use of the landfill for grass clipping
disposal. He informed the Commission that the City is offering this program to
all Saline County residents and that this is the first item presented to them
from the Solid Waste Management Committee. The program provides for a $25
rebate for the purchase of a new mulching mower, $10 for a conversion kit, and
will be administered through the City Clerk's Office.
Commissioner Maxwell advised the Commission that she had received
two comments from citizens stating that this was not enough of an incentive,
the City will receive no guarantee that the participants will continue to mulch,
that this is not really a rebate but rather a pure give away of funds, and that
the funds would be better used picking up the clippings for composting at
another location.
Dennis Kissinger, City Manager, defended the program comparing it
to other areas banning grass clippings in landfills. He explained that it is
very costly to put in a composting area. He explained that this is a voluntary
program and there is the option to follow it with a future ban. He clarified
that the funds are coming out of the $.50 paid by everyone who uses the
landfill.
commigsim
Action
96-483 Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to adopt Resolution Number 96-4977. Aye: (5). Nay: (0). Motion carried.
(8.7) Resolution Number 96-4981 appointing members to various Boards and
Commissions.
96-484 Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to adopt Resolution Number 96-4981. Aye: (5) . Nay: (0) . Motion carried.
Judy Long, City Clerk, read the names of the new appointees.
(8.8) Resolution Number 96-4983 authorizing the Mayor to execute an
agreement with the Kansas Department of Transportation for the replacement of
the Mulberry Street Bridge.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the agreement, its history and previous plans to repair this bridge.
He advised the Commission that the City has already paid $25,975 for design
engineering costs and discussed the use of this bridge as an entry way into
Oakdale Park.
96-485 Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
approve Resolution Number 96-4983 concurring Agreement Number 28-96. Aye:
(5) . Nay: (0) . Motion carried.
(8.9) Resolution Number 96-4978 amending the Personnel Manual.
Mike Morgan, Deputy City Manager, explained the need for certain
changes to the personnel manual.
96-486 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt Resolution Number 96-4978. Aye: (5) . Nay: (0) .
Motion carried.
(8.10) Resolution Number 96-4985 declaring the necessity of and authorizing
a survey and description of the land to be condemned for the purpose of the
construction of a sanitary sewer system pump station to be located near the
intersection of Plaza Drive and West Crawford Street.
Greg Bengtson, City Attorney, explained the need for this action
clarifying that communications with the Union Pacific Railroad remain cordial.
Don Hoff, Director of Engineering and Utilities, addressed
Commissioner Maxwell's concerns explaining how odors are controlled.
96-487 Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, to adopt Resolution Number 96-4985. Aye: (5) . Nay: (0) . Motion
carried.
(8.11) Award of contract to perform the 1996 Spring Street Marking Project.
Frank Weinhold, Director of General Services, explained the bids
received for this project and the decision to utilize Charter Ordinance 27 as a
cost savings rather than rebidding the project.
96-488 Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
award the contract for the 1996 Spring Street Marking contract to the low
bidder, Twin Traffic Marking Corporation in the amount of $17,765.48. Aye:
(5) . Nay: (0) . Motion carried.
(8.12) Award of contract for Sanitary Sewer Manhole Rehabilitation, Project
Number 95-955.
Don Hoff, Director of Engineering and Utilities, explained the project
and the bids received.
96-489 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to award the contract to the low bidder, Utility Maintenance
Contractors, Inc. , in the amount of $49,710. Aye: (5) . Nay: (0) . Motion
carried.
(8.13) Award of contract to perform the Municipal Solid Waste Facility 1996
Environmental Monitoring.
Frank Weinhold, Director of General Services, explained the
Action
96-490
96-491
requirement for monitoring by Federal and State agencies, the project and the
bids received. The project will be paid for from the Solid Waste Fund.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
award the Municipal Solid Waste Facility 1996 Environmental Monitoring to the
low bidder, Continental Analytical Services for $13,803. Aye: (5). Nay:
(0). Motion carried.
(8.14) Report on Park/Playground Plans for Neighborhood Service Areas
(NSAs).
Steve Snyder, Director of Parks and Recreation, explained the
plans. He informed the Commission that the proposed ideas will return to the
City Commission next week with recommended action if these plans are
approved today.
Mayor Divine asked staff to bring a formal proposal to the
Commission.
None.
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, that the Regular Meeting of the Board of Commissioners be adjourned.
Commissioner Maxwell noted that citizens should keep children in
higher parts of auditoriums during motorized sports events.
A vote was taken on the motion on the floor. Aye: (5) . Nay: (0) .
Motion carried. The meeting adjourned at 5:38 p.m.
ohn Divine, Mayor
[SEAL]
ATTEST:
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