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08-14-1995 MinutesAction 95-265 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 95-266 —95-267 95-268 95-269 95-270 95-271 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 95-273 95-274 95-275 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 95-277 95-278 95-279 95-280 95-281 95-282 95-283 95-284 95-285 95-286 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 95-287 95-288 95-289 95-290 95-291 95-292 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. 95-294 95-295 95-296 95-297 95-298 95-299 95-300 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