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12-18-1995 MinutesAction 95-412 95-413 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS DECEMBER 18, 1995 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, December 18, 1995, 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: Absent: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Barbara R. Weber, Deputy City Clerk Judy D. Long, City Clerk None. CITIZEN FORUM AWARDS - PROCLAMATIONS (4.1) Resolution Number 95-4956 expressing gratitude and appreciation to William W. Sanderson for serving as a Water Meter Reader for the Finance Department from November 8, 1960 to December 31, 1995. Mayor Divine presented a plaque to William W. Sanderson thanking him for his service to the City. (4.2) Resolution Number 95-4957 expressing gratitude and appreciation to Marvin L. Curran for serving as a Water Meter Reader and Utility Maintenance Worker I for the Water Department from May 1, 1962 to December 31, 1995. (4.3) Resolution Number 95-4958 expressing gratitude and appreciation to Wayne Hanson for serving as a Building Repair Foreman and Building Maintenance Supervisor for the General Services Department, Building/General Improvement Division, from May 9, 1977 to December 31, 1995. Marvin L. Curran and Wayne Hanson were not present to receive plaques. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to approve Resolution Numbers 95-4956, 95-4957 and 95-4958. Aye: (5). Nay: (0). Motion carried. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of the regular meeting of December 11, 1995. (6.2) Resolution 95-4959 prescribing the corporate limits of the City of Salina and repealing Resolution Number 94-4830. (6.3) Approve the 1995 Concrete Improvements, Project Number 95-959, and authorize staff to set a date to receive bids. Moved by Commissioner Maxwell, seconded by Commissioner Perney, to approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion carried. Action DEVELOPMENT BUSINESS (7.1) Consideration of property gift of Lot 28, on Beloit Avenue, in the Addition to the Grounds of Kansas Wesleyan University. Roy Dudark, Director of Planning and Community Development, explained the location and history of the property. 95-414 Moved by Commissioner Perney, seconded by Commissioner Maxwell, to accept the property gift of Lot 28, on Beloit Avenue, in the Addition to the Grounds of Kansas Wesleyan University. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) First reading Ordinance Number 95-9716 regarding the annexation of the Pheasant Ridge Addition. Barbara Weber, Deputy City Clerk, confirmed Mayor Divine's statement that this ordinance is to correct a technical error. 95-415 Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to approve Ordinance Number 95-9716 on first reading. Aye: (5). Nay: (0) . Motion carried. (8.1a) Declare an emergency exists in order to allow for the second reading of the ordinance on the same day. 95-416 Moved by Commissioner Maxwell, seconded by Commissioner Brungardt, to declare an emergency exists to allow for the second reading of Ordinance Number 95-9716. Aye: (5) . Nay: (0) . Motion carried. (8.1b) Second reading Ordinance Number 95-9716. 95-417 Moved by Commissioner Maxwell, seconded by Commissioner Seaton, to adopt Ordinance Number 95-9716 on second reading. A roll call vote was taken. Aye: (5) Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0). Motion carried. (8.2) Amendment of the Housing Code, Chapter 18, and the Nuisance Code, Chapter 24, of the Salina Code. Greg Bengtson, City Attorney, explained the need and use of the amendments. Dennis Kissinger, City Manager, responded to commission questions regarding the administrative use of Municipal Court monitoring by explaining the options available for compliance and individual accountability, and clarified that standard language was used. (8.2a) First reading Ordinance Number 95-9717. 95-418 Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to approve Ordinance Number 95-9717 for first reading. Aye: (5). Nay: (0). Motion carried. (8.2b) First reading Ordinance Number 95-9718. 95-419 Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to approve Ordinance Number 95-9718 for first reading. Aye: (5). Nay: (0) . Motion carried. (8.3) First reading Ordinance Number 95-9719, amending the City Comprehensive Plan to include the 1995 Historic Preservation Plan. Roy Dudark, Director of Planning and Community Development, gave a brief overview of the Heritage Commission's activities. Mr. Dudark responded to commission questions regarding the use of the Plan and the priorities list. 95-420 Moved by Commissioner Maxwell, seconded by Commissioner Perney, to approve Ordinance Number 95-9719 for first reading. Aye: (5) . Nay: (0) . Motion carried. Action 95-421 95-422 95-423 95-424 —95-425 (8.4) Resolution Number 95-4960, authorizing the Mayor to execute an Interlocal Agreement with Saline County for mitigating impacts of solid waste landfill in Saline County. Dennis Kissinger, City Manager, explained the resolution is implementing action directed by the City Commission and detailed unintentional impacts to the county. Mr. Kissinger further explained that supplemental funding will be needed to cover the total costs of the bonds. Moved by Commissioner Perney, seconded by Commissioner Maxwell, to approve Resolution Number 95-4960 and the corrected Interlocal Agreement. Aye: (5). Nay: (0). Motion carried. (8.5) Resolution Number 95-4964, approving the proposed sale of College Park Village Retirement Center - Nursing Center and Community Center and authorizing the Mayor to execute a special warranty deed to CPV Health Care Center, Inc. Greg Bengston, City Attorney, explained the history of this Internal Revenue Bond advising this is a positive development for these bondholders and it will remove the City from involvement. Mr. Bengston responded to commission concerns regarding the property tax situation by saying that it will have to be current at the May closing and that in the event it does not close it will return to its current status. Moved by Commissioner Brungardt, seconded by Commissioner Maxwell, to adopt Resolution Number 95-4964. Aye: (5) . Nay: (0) . Motion carried. (8.6) Resolution Number 95-4962, authorizing a Supplemental Agreement for Engineering Services on Centennial Road with Bucher, Willis & Ratliff Engineers. Mayor Divine stated he will be abstaining from all discussion and voting. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the supplemental agreement for this main corridor improvement project is needed to implement the City Commission's decision to expedite and finish the project this year. He stated the agreement is all in order and is a very good bargain for the size of the project. Moved by Commissioner Perney, seconded by Commissioner Seaton, to adopt Resolution Number 95-4962. Aye: (4) . Nay: (0) . Abstain: (1) Mayor Divine. Motion carried. (8.7) Resolution Number 95-4963, naming the neighborhood park located at the corner of McAdams and Faith, Oxbow Park. Steve Snyder, Director of Parks and Recreation, explained the location and naming of the new neighborhood park. Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to adopt Resolution 95-4963. Aye: (5) . Nay: (0) . Motion Carried. (8.8) Award of contracts for the Southwest Area Water Distribution System Improvements, Phases 3 and 4, Project Numbers 95-944 and 95-945. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the necessity of the improvements. Moved by Commissioner Maxwell, seconded by Commissioner Seaton, to award the contract for Project Number 95-944 to Smoky Hill, LLC, in the amount of $315,800; and award the contract for Project Number 95-945 to Stevens Contractors, Inc. in the amount of $254,985.00. Aye: (5). Nay: (0). Motion carried. (8.9) Award of contract for the 1995 Manhole Regrading Project Number 95-954. Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the annual program and responded to the commission question asking Action 95-426 95-427 95-428 why these improvements are not included with other street improvements, by stating that this is the more economical option. Dennis Kissinger, City Manager, responded to financing concerns stating that the City has nearly spent the total allocation and is looking at next year more aggressively. Moved by Commissioner Seaton, seconded by Commissioner Maxwell, to award the contract for Project Number 95-954 to Shears, Inc. in the amount of $25,145.00. Aye: (5) . Nay: (0) . Motion carried. (8.10) Consideration of projects for the 1996 Parks and Recreation Department Capital Improvement Program. Dennis Kissinger, City Manager, explained the Capital Improvement Program and other funding. He advised the commission that special Alcohol Funds are required to be spent for Parks and Recreation with 1996 being the first year the spending will be direct. The request is asking for additional funds to bring the total to the $100,000 allocation. Steve Snyder, Director of Parks and Recreation, explained the seven projects for 1996 sharing a drawing that indicates the Jerry Ivey Park Water Feature was considered in 1977/1978. He clarified that the spray fountain will be for aeration. Mr. Kissinger discussed aesthetics and explained that Jerry Ivey Park is being used as a Community Park rather than a Neighborhood Park and that the other two Community Parks are Oakdale and Sunset. Mr. Snyder responded to commission questions stating that of the 24 acres in Jerry Ivey Park little over an acre will be used for the pond which will have a five foot center area with the intent of introducing goldfish. This water feature will not be available for wading or swimming. Use of the Gazebo was also discussed with Mr. Snyder indicating that the community uses the parks frequently for weddings. Safety concerns were addressed with Mr. Kissinger stating that a fence may need to be erected and Commissioner Maxwell feeling that the issue should have wider community discussion. Mr. Snyder and Mr. Kissinger explained the option for a future community swimming pool at this location and the current lack of funds. Mayor Divine explained that Oakdale and Sunset Parks both began as bare ground the same way Jerry Ivey Park began and have been developed into the parks that they are today. Commissioner Maxwell said that until the swimming pool is passed in the future, that wading should be permitted in this water feature, with Mayor Divine stating he would not support wading due to safety concerns. Mr. Kissinger responded to Commissioner Maxwell's concerns by advising that a water play area could be included in the spring. Moved by Commissioner Brungardt, seconded by Commissioner Seaton, to accept the 1996 Parks and Recreation Capital Improvement Program and increase the funds to $100,000. Aye (5). Nay: (0). Motion carried. (8.11) Report on Overnight Use of City Parks and recommended policy. Steve Snyder, Director of Parks and Recreation, explained the requests received by the Parks and Recreation Advisory Board and the policy recommended. He responded to the commission inquiry regarding Thomas Park by clarifying that Thomas Park does not fit into this program, it is without a curfew, and can be used for individual overnight use. Commissioner Maxwell stated that she approves of the night use of parks and moved to approve the Policy for Overnight Park Use. Motion seconded by Commissioner Seaton. Aye: (5). Nay: (0). Motion carried. (8.12) Consider requests to carryover certain 1995 budgeted projects into 1996. Action 95-429 95-430 Roy Dudark, Director of Planning and Community Development, explained the annual process. Moved by Commissioner Seaton, seconded by Commissioner Brungardt, to approve the 1995 budget carryover requests as submitted. Aye: (5) . Nay: (0) . Motion carried. OTHER BUSINESS Mayor Divine advised that the next City Commission Meeting will be January 8, 1996 and wished all the citizens a Happy Holiday. ADJOURNMENT Moved by Commissioner Brungardt, seconded by Commissioner Maxwell, that the Regular Meeting of the Board of Commissioners be adjourned. Aye:(5). Nay: (0). Motion carried. The meeting adjourned at 5:22 p.m. Evelyn Maxwell, Vice -Mayor [ SEAL] ATTEST: 4D. L g, City Clerk