08-14-1995 MinutesAction
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
August 14, 1995
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, August 14, 1995, at 4:00
p.m.
There were present:
Mayor John Divine, Chairman presiding
Commissioner 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
Judy D. Long, City Clerk
None.
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) A presentation to Mayor Divine by Yoko Yabu, with the 4-H LABO
Exchange Program, from the Mayor of Hekinan City, Japan. The Mayor gave
Yoko Yabu a key to the City in return and noted that gifts to the Mayor are
held by the City.
(4.2) The Period of August 14 through September 2, 1995 as the "50 YEAR
COMMEMORATION OF VJ DAY." The proclamation was read by Evelyn Amend,
Chair of the Salina Commemorative Community for World War II Committee. She
asked that citizens fly the American Flag during this period.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Appeal of Planning Commission denial of Conditional Use Permit
Application #CU95-5, filed by LaVelle Frick, to use the former Flamingo Motel,
located at 500 East Pacific, for apartments and a rooming house.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, that the public hearing for Application Number CU95-5 be continued on
August 28, 1995. Aye: (5) . Nay: (0) . Motion carried.
(5.2) Public Hearing on the proposed budget for 1996.
(5.2a) Resolution Number 95-4893 adopting the 1996 Budget.
(5.2b) Resolution Number 95-4894 providing for the appropriation, by
fund, of the budget of the City of Salina for the year beginning January
1, 1996; and appropriating money from the various funds to pay payrolls
and claims against the City of Salina for the calendar year 1996.
(5.2c) Resolution Number 95-4895 adopting the City Job Classification
and Salary Schedule, effective January 1, 1996.
(5.2d) Resolution Number 95-4896 establishing various fees for services
in the City of Salina.
(5.2e) Resolution Number 95-4912 establishing financial policies for the
City of Salina.
Dennis Kissinger, City Manager, explained the budget process, noting
that Salina has not raised its mill levy and is the lowest for a first class city
in the state. In closing he stated that the City of Salina expects to spend $40
million dollars next year with a 514 employee equivalent.
Action
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Mayor Divine opened the public hearing. No comments were offered
from the public. The Mayor closed the public hearing.
Commissioner Maxwell noted a date error on Resolution Number
95-4894, asked that the pay plan be printed by department and asked that one
of the Emergency Medical Services training tools be made available to the public
for expert training beyond the normal CPR needs.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve Resolution Number 95-4893. Aye: (5) . Nay: (0) . Motion
carried.
Moved by Commissioner Seaton, seconded by Commissioner Brungardt
to approve Resolution Number 95-4894. Aye: (5) . Nay: (0) . Motion carried.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to approve Resolution Number 95-4895. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
approve Resolution Number 95-4896. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Maxwell, seconded by Commissioner
Brungardt, to approve Resolution Number 95-4912. Aye: (5) . Nay: (0) .
Motion carried.
Commissioner Maxwell extended thanks to Bob Biles, Director of
Finance and Administration, who has resigned, for a great job as Finance
Director.
(5.3) Resolution Number 95-4909 consenting to the levy of 1.372 mills on
each dollar of assessed tangible valuation on the property within the city of
Salina for the year 1995,.for use by the Salina Airport Authority in 1996, for
the purpose of making capital improvements at the Salina Municipal Airport and
Salina Airport Industrial Center.
Dennis Kissinger, City Manager, explained that the Commission must
approve the mill levy of 1.372 and noted it is lower than last year's 1.9.
Tim Rogers, Executive Director of the Salina Airport Authority,
explained the process of developing the mill levy. This mill levy is to match a
Federal Grant and to replat the Airport Industrial Center for secondary streets.
The Mayor opened the public hearing. No comments were offered.
The Mayor closed the public hearing.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
approve Resolution Number 95-4909. Aye: (5). Nay: (0). Motion carried.
Theda Lockhart, 1108 Eastgate Drive, asked what she would need to
do to have the issue of a pet cemetery on an election ballot. In response to
Commissioner Maxwell's question regarding the crematory, Ms. Lockhart
indicated that most of the people she has spoken with are interested in graves
with grave stones and are not much interested in the crematory.
Dennis Kissinger, City Manager, said he would talk with the City
Attorney and let her know.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of August 7, 1995.
(6.2) Resolution Number 95-4911 declaring the necessity of appropriating
private property for the construction of the Magnolia/I-1.35 Interchange.
Commissioner Maxwell asked the item 6.2 be moved to development
business on the agenda.
The Mayor responded that these items would be taken separately.
95-272 Moved by Commissioner Seaton, seconded by Commissioner Maxwell,
to approve the Minutes of the Regular Meeting of August 7, 1995. Aye:
(5) . Nay: (0) . Motion carried.
Action
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Commissioner Maxwell noted that several citizens are concerned that
the Magnolia/I-135 Interchange Project is not needed and thought maybe this
should go for a public vote.
Greg Bengston, City Attorney, explained the procedural need for
this resolution.
Dennis Kissinger, City Manager, clarified that the definitions of
benefit district regarding the western portion are not yet defined. This is a
different type of project than has been previously done.
The Mayor asked that the Commission go ahead and vote on item 6.2
and discuss the necessity of the project under item 9.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve Resolution Number 95-4911. Aye: (4). Nay: (1), Maxwell,
is against any condemnation. Motion carried.
None.
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Consideration of alternative actions related to Centennial Park Project.
Dennis Kissinger, City Manager, explained that a petition opposing
the project was received within the proper time frame. The Commission must
now decide to rescind the previous resolution declaring the land surplus or
approve an ordinance calling a special election.
Roy Dudark, Director of Planning and Community Development,
responded to Commission questions regarding the current status of this
property. He stated that it is currently surplus land by the previous
resolution though it was purchased with the intent of being a park.
Mr. Kissinger clarified that it is Park Land.
Commissioner Maxwell asked about shortening the titles and forms for
publication of resolutions and was advised that the City Clerk is utilizing the
shortened versions where applicable.
Bob Hedge, 760 Birch, read a few comments from residents of the
park are who are in favor of retaining the park. He reminded the Commission
that the park was created by a Gentlemen's Agreement and has been a park
for the past twenty-six (26) years. He spoke of the sacrifice made by citizens
in one -hundred (100) degree temperatures and loss of private time while
receiving overwhelming support of this petition. He stated that this is a public
park, not just for the neighborhood, and that there are twelve (12)
undeveloped lots that have been available for fifteen (15) years one block from
the park. In closing he asked that the park be dedicated as a permanent
park if it is not put to a vote.
Moved by Commissioner Perney to approve Resolution Number
95-4908, rescinding the previous resolution. Commissioner Maxwell seconded the
motion asking if the park can be made permanent.
Mr. Kissinger responded that the land can not change beyond park
status.
Mayor Divine called the vote. Aye: (4). Nay: (1), Brungardt.
Motion carried.
The Mayor asked that the Parks and Recreation Committee develop a
plan for more useable space within the park.
The Mayor called for a vote in opposition to Ordinance Number
95-9704. Aye: (4) . Nay: (1) , Brungardt. Ordinance defeated.
(8.2) Second reading Ordinance Number 95-9701 providing for the delay of
certain special assessments for projects relating to public health and safety.
95-276 11 Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
Action
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to adopt Ordinance Number 95-9701 on second reading. A Roll Call vote was
taken. Aye: (5), Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0).
Motion carried.
(8.3) Second reading Ordinance Number 95-9702 levying special
assessments against certain lots and pieces of property to pay the cost of
mowing and cleanup.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to adopt Ordinance Number 95-9702 on second reading. A Roll Call vote was
taken. Aye: (5), Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0).
Motion carried.
(8.4) Second reading Ordinance Number 95-9703 levying special
assessments against certain lots and pieces of property to pay the cost of
sidewalk repair.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Ordinance Number 95-9703 on second reading. A Roll Call
vote was taken. Aye: (5), Perney, Maxwell, Brungardt, Seaton, Divine.
Nay: (0) . Motion carried.
(8.5) Changes to 20 m.p.h. school zones.
Dennis Kissinger, City Manager, explained that the seventy (70)
twenty (20) mile per hour school zones in Salina have been reviewed to see if
any changes need to be made. He noted that the Municipal Court releases
cases when it does not feel the reduced speed is justified. He spoke
regarding consistency and establishing criteria for school zones.
The Mayor called for votes on the following school zone issues:
A. Approval to remove school zone adjacent to Kennedy School.
Aye: (5) . Nay: (0) .
B. Approval to remove school zone adjacent to Middle Schools
(Roosevelt -Lincoln and South Schools) . Aye: (2) . Nay: (3) . Removal
defeated, will retain school zones adjacent to Middle Schools.
C. Approval to remove school zone on Highland Avenue at Bond
(Franklin School). Aye: (4). Nay: (1), Maxwell.
D. Approval to remove school zone on Osborne at Jewel (Heusner
School) . Aye: (4) . Nay: (1) , Maxwell.
E. Approval to remove school zone on Elm at Penn (Oakdale
School). Aye: (4). Nay: (1), Maxwell.
F. Approval to remove school zone on State at Phillips (Whittier
School) . Aye: (4) . Nay: (1) , Maxwell.
G. Approval to remove school zone on State at Twelfth (Whittier
School). Aye: (4). Nay: (1), Maxwell.
The Mayor called for a vote to approve modification for improved
visibility by adding flashing light beacons at the following locations:
A. North Santa Fe at Grand (Hawthorne School)
B. Republic at Quincy (Heusner School)
C. Ash at Penn (Oakdale School)
D. Ash at Phillips (Whittier School)
E. College at Walnut (Whittier School)
Aye: (5) . Nay: (0) .
(8.6) Resolution Number 95-4913 authorizing and ordering certain street
and drainage improvements and allowing for the deferment of special
assessments for a portion of Seitz Drive.
Dennis Kissinger, City Manager, explained that many comments have
been received in favor of the Seitz Drive project. He went on to explain that
staff is asking for a deferral of up to four (4) years of the special
assessments.
Action
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Kathy Jones, 2375 Georgetown Road, spoke in favor of the project
noting an increase in traffic and the proposed annexation to the east.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt Resolution Number 95-4913. Aye: (5) . Nay: (0) .
Motion carried.
(8.7) Resolution Number 95-4910 of finding as to advisability and
authorizing construction of certain petitioned public improvements in the GICO
Addition, repealing Resolution Number 95-4904.
Dennis Kissinger, City Manager explained that there was a minor
error in the description of the project in the resolution of advisability.
Resolution Number 95-4910 repeals the previous resolution and both advises
and authorizes the project.
Moved by Commissioner Maxwell, seconded by Commissioner
Brungardt, to approve Resolution Number 95-4910. Aye: (5) . Nay: (0) .
Motion carried.
(8.8) Resolution Number 95-4914 authorizing and ordering certain street
and utility improvements in Valley View Estates Addition.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 95-4914. Aye: (5) . Nay: (0) . Motion
carried.
(8.9) Resolution Number 95-4915 authorizing and ordering certain street
and utility improvements in Woodland Hills Estates Addition.
Moved by Commissioner Seaton, seconded by Commissioner Maxwell,
to adopt Resolution Number 95-4915. Aye: (5) . Nay: (0) . Motion carried.
(8.10) Resolution Number 95-4916 authorizing and ordering certain street
and utility improvements in Country Club Estates Addition No. 3.
Moved by Commissioner Maxwell, seconded by Commissioner
Brungardt, to adopt Resolution Number 95-4916. Aye: (5) . Nay: (0) .
Motion carried.
(8.11) (Withdrawn from agenda)
(8.12) Award of contract for the Centennial Road/West Crawford Street
Intersection Improvements, Project Number 95-942.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the scope of the project and the bids which were received on August
8, 1995.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
award the contract for the Centennial Road/West Crawford Street Intersection
Improvements, Project Number 95-942, to J.H. Shears' Sons in the amount of
$370,922.05. Aye: (5) . Nay: (0) . Motion carried.
(8.13) Award of contract for the Ohio Avenue/North Street Intersection
Improvements, Project Number 95-921.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project and the bids which were received on August 8, 1995.
95-293 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to award the contract for the Ohio Avenue/North Street
Intersection Improvements, Project Number 95-921, to J.H. Shears' Sons in the
amount of $204,481.25. Aye: (5). Nay: (0). Motion carried.
(8.14) Award of contract to perform construction of a building addition and
interior modification to the General Services Office.
Frank Weinhold, Director of General Services, explained the project
and bids which were received August 8, 1995.
Action.
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Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
award the contract to perform construction of a building addition and interior
modification of the General Services Office to Rapp Construction in the amount
of $134,326.00. Aye: (5). Nay: (0). Motion carried.
(8.15) Award of contract to construct a Landfill Equipment Building.
Frank Weinhold, Director of General Services, explained the project
and bids which were received August 8, 1995.
Moved by Commissioner Maxwell, seconded by Commissioner
Brungardt, to award the contract to construct a Landfill Equipment Building to
Lancaster Construction in the amount of $163,247.00.
OTHER BUSINESS
(9.1) Commissioner Maxwell expressed her concerns over the necessity of
the Magnolia/I-135 Interchange Project. She wondered if the citizens have the
right to vote on the project. She thought the Commission should look at the
way this would affect citizens. Potential school system growth was also a
concern if this area were developed.
Ralph Long, 153 West Hillside Terrace, spoke against the Magnolia
Interchange project.
Commissioner Perney also spoke against the project.
Moved by Commissioner Perney that the Magnolia/I-135 Interchange
Project be abandoned. Motion died for lack of a second.
Moved by Commissioner Maxwell that a public election be held
regarding the project. Motion died for lack of a second.
The Mayor explained that this project has been in the long range plan
of the City since 1.980 and is looking toward the future. If this project is not
continued, additional work will need to be done, and expense incurred, on
Schilling Road and Centennial Boulevard. This interchange will create an
industrial/technical area from interstate to K -State.
Moved by Commissioner Seaton that the present City Commission go on
record in support of the Magnolia Interchange project. Commissioner
Brungardt seconded the motion and spoke in favor of the project. Aye: (3),
Brungardt, Seaton, Divine. Nay: (2), Maxwell, Perney. Motion carried.
(9.2) Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained a request from Doctors Wedel -Barker -Burnett for a license agreement
to install an underground conduit, for data transmission and electronic
communication, in the public right-of-way.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
approve the license agreement. Aye: (5) . Nay: (0) . Motion carried.
Commissioner Maxwell asked that staff get summary copies of
resolutions.
ADJOURNMENT
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, that the Regular Meeting of the Board of Commissioners be adjourned.
Aye: (5) . Nay: (0) . The meeting adjourned at 6:11 p.m._ _
[ SEAL]
ATTEST:
Judy L , City Cl k
John Divine, Mayor