07-10-1995 MinutesAction
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
July 10, 1995
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, July 10, 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.
CITIZEN FORUM
Keith Duckers, 147 Overhill Road, spoke regarding Don Jolly, former
Parks and Recreation Director, ball diamonds and the growth of team
participation in Salina. He suggested the East Crawford Recreation Area be
renamed the Don Jolly Recreation Area.
Bill Nelson, 917 North Tenth Street Lot 22, asked what has been done
on the neighborhood revitalization in the three areas of town and was informed
the reports have been distributed.
AWARDS - PROCLAMATIONS
None.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Consideration of application for property tax exemption submitted by
ADM Milling Company.
(5.1a) Resolution Number 95-4886 exempting certain property owned by
ADM Milling Company, located at 900 E. Pacific Avenue, Salina, Kansas,
from ad valorem taxation and providing certain terms and conditions.
Roy Dudark, Director of Planning and Community Development,
explained the tax exemption request and process.
Mayor Divine opened the public hearing.
Jim Fox, 316 North Santa Fe, Manufacturing Vice President for ADM
Milling, gave an overview of the proposed project and described ADM's
operation and distribution. He clarified that the current facilities will be used
for storage and employees will be relocated to the new facility.
Commissioner Maxwell noted a conflict of interest and stated she would
be abstaining.
Gerald Cook, President of the Salina Chamber of Commerce, spoke in
favor of this project and asked for Commission support.
No other comments were offered. Mayor Divine closed the public
hearing.
Commissioner Brungardt moved to approve Resolution Number 95-4886
endorsing ADM's intent, seconded by Commissioner Seaton. Aye: (4) . Nay:
(0). Abstain: (1), Maxwell. Motion carried.
(5.2) Public Hearing and report on Petition No. 4102 requesting the
vacation of utility easements in the Grain Belt Subdivision.
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(5.2a) First Reading Ordinance Number 95-9696.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the utility easement vacation request.
Mayor Divine opened the public hearing.
Darwin Sampson, 912 Barlow Drive, petitioner, explained that the
utility relocation costs have been paid. He also had the signed agreements with
the utility companies in question, meeting all the conditions of approval.
No other comments were offered. Mayor Divine closed the public
hearing.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to approve the vacation, Ordinance Number 95-9696, for first reading. Aye:
(5) . Nay: (0) . Motion carried.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of June 26, 1995.
(6.2) Authorize the City Clerk to issue a 1995 Surety on Bail Bond Agent
license.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
approve all items on the consent agenda as presented. Aye: (5). Nay: (0).
Motion carried.
DEVELOPMENT BUSINESS
(7.1) An appeal of the conditions of approval imposed by the City Planning
Commission on application #UR77-1C, Morgan Supply Company.
Roy Dudark, Director of Planning and Community Developement,
explained the Urban Renewal guidelines and the appeal which falls under the
Urban Renewal area guidelines. He advised the Commission that neighbors of
this property have asked that compliance with the Urban Renewal agreement be
met.
Mayor Divine called a two minute break at 4:31 p.m. due to a
tornado warning system test. The meeting resumed at 4:33 p.m.
Gary Morgan, Morgan Supply, distributed handouts to the
Commissioners with information that was not available for the Planning
Commission. He explained that his 1995 request was for work on Second
Street and the conditions were for work done by contractors in 1978 and 1979
on the Front Street side of his property. He stated that the work had been
inspected and approved. He also noted he had not received any complaints
from his neighbors or the City since that time. He asked that the conditions
be waived as the noncompliance happened sixteen years ago.
Dennis Kissinger, City Manager, clarified that inspection and approval
would have been for building codes and not for Urban Renewal contract
compliance. He asked the commissioners to determine if noncompliance over a
period of time meant that promises made for concessions need not be kept.
Commissioner Brungardt moved to deny the applicant's appeal and
affirm the action of the Planning Commission, seconded by Commissioner
Seaton.
Commissioner Maxwell moved to amend the motion to uphold the
Urban Renewal standards on the north side of the property across from the
park. Motion died for lack of a second.
Mayor Divine called for a vote. Aye: (3). Nay: (2), Perney,
Maxwell. Motion carried.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 95-9694, amending Section 42-306
regarding Use Limitations in the C-4 District.
Judy Long, City Clerk, explained the ordinance. No comments have
been received.
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Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
approve the second reading of Ordinance Number 95-9695. Aye: (5) , Perney,
Maxwell, Brungardt, Seaton, Divine. Nay: (0). Motion carried.
(8.2) Second Reading Ordinance Number 95-9695, amending Section 42-282
regarding Permitted Uses in the C-3 District.
Judy Long, City Clerk, explained the ordinance. No comments have
been received.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve Ordinance Number 95-9695 for second reading. Aye:
(4), Maxwell, Brungardt, Seaton, Divine. Nay: (1) Perney. Motion carried.
(8.3) First Reading Ordinance Number 95-9697 granting DS&O Rural
Electric Cooperative Association, Inc. an electric franchise.
Dennis Kissinger, City Manager, noted that there will be three
readings as this is a franchise ordinance. Mr. Kissinger explained the reason
for the franchise request. The area pending annexation is currently served
by DS&O. DS&O has 180 days after annexation in which to obtain a franchise
agreement with the city otherwise the KCC will revise the service boundaries.
For DS&O to continue service in the proposed Highland Meadows Hamlet, the
franchise agreement is necessary. He has found that DS&O rates are higher
than KPL's .
Jerry Rumbaugh, General Manager for DS&O, explained the service
area.
Frank Norton, 2524 East Magnolia Road, developer of Highland
Meadows Hamlet, clarified his position. He advised that DS&O currently has
only two meters on the property. DS&O purchases their power from KPL at a
point on the north end of the property. He continued that Kansas statutes
cover the switch of power companies and stressed that DS&O's higher rates
will be a definite deterrent from development, stating that this area cannot
compete with other subdivisions if electric rates are 35% higher. Mr. Norton
also advised the Commission that DS&O has recently doubled their rates with
less than thirty days notice to their customers. Mr. Norton stated that KPL
has tried to trade territories with DS&O, but DS&O refused. He also clarified
that this issue could not be brought before the City Commission before DS&O
requested the franchise agreement.
Mr. Rumbaugh spoke again, stating that DS&O service will be as
reliable as KPL's .
Mr. Kissinger informed the Commission that if the agreement was
approved DS&O would retain their service areas for all future developments
without coming before the Commission.
Moved by Commissioner Brungardt to approve first reading of
Ordinance Number 95-9697. Seconded by Commissioner Maxwell. Aye: (5) .
Nay: (0). Motion carried.
(8.4) Resolution Number 95-4883 authorizing participation in the State of
Kansas Municipal Investment Pool.
Bob Biles, Director of Finance and Administration, noted that a new
agreement had been submitted and would need approved to continue
participation.
Moved by Commissioner Seaton, seconded by Commissioner Perney, to
adopt Resolution Number 95-4883. Aye: (5). Nay: (0). Motion carried.
(8.5) Resolution Number 95-4884 authorizing the public sale of $1,900,000
principal amount of general obligation municipal temporary notes, Series 1995-1.
Bob Biles, Director of Finance and Administration, explained the
temporary note issue for the landfill.
Moved by Commissioner Brungardt, seconded by Commissioner Perney,
to approve Resolution Number 95-4884. Aye: (5) . Nay: (0) . Motion carried.
(8.6) Resolution Number 95-4885 concurring with the award of contract for
the KDOT Bicycle/Pedestrian Path Project.
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(8.6a) Resolution Number 95-4890 relating to benefits obtainable by
cities under the program for federal aid on transportation enhancement'
projects.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the area of the project and the materials to be used.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve Resolution Number 95-4885 concurring with with the
award of contract. Aye: (5). Nay: (0). Motion carried.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to adopt Resolution Number 95-4890. Aye: (5) . Nay: (0) . Motion
carried.
(8.7) Resolution Number 95-4887 authorizing the City Manager to conduct
negotiations with the mobile home owners who will be relocated by the
Magnolia/I-135 Interchange Project.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained that this is necessary since negotiations with the twenty-two owners
will be done separately.
Moved by Commissioner Perney, seconded by Commissioner Brungardt,
to adopt Resolution Number 95-4887. Aye: (5) . Nay: (0) . Motion carried.
(8.8) Agreement for dedication of Stormwater Detention Basin in Austin
Subdivision.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the proposed dedication.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve the agreement for dedication. Aye: (5) . Nay: (0) .
Motion carried.
(8.9) Award of contract for the Police Department Remodeling
Improvements, Project 95-941.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the project and the bids received on June 27, 1995.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve the low bid from Keehner Construction Company, in the
amount of $22,225.00. Aye: (5). Nay: (0). Motion carried.
(8.10) Authorize an increase in the speed limit on Prescott Avenue from
Guernsey Drive to Ohio Avenue.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the proposed speed limit increase.
June Jennison, 2565 Highland Avenue, YWCA Board of Directors,
spoke against the increased speed limit, sighting young children and senior
citizens as her concern for safety in front of the YWCA from Roach Street to
Guernsey Drive.
Joyce Brown, 626 East Prescott, Vice President YWCA Board of
Directors, also spoke against the increased speed limit and asked where 20
m.p.h. advisory and crosswalk signs would be placed.
Debra Divine, 1748 Glen Avenue, member of the YWCA, noted that
she is neither among the oldest or youngest of members and that it is still very
difficult to cross at the crosswalk.
Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
approve a 30 m.p.h. speed limit between Roach Street and Ohio Avenue and a
20 m.p.h. speed limit between Roach and Front Streets. Aye: (3). Nay: (2),
Divine, Brungardt. Motion carried.
(8.11) Second Reading Ordinance Number 94-9642, providing for the
rezoning of certain property within the city, (aka 1307 Osage) , and
prescribing the proper uses thereof.
Judy Long, City Clerk, explained the ordinance.
95-220 Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, to approve Ordinance Number 94-9642 on second reading. Aye: (5)
Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0) . Motion carried.
! (8.12) Resolution Number 95-4889, authorizing the Mayor to execute an
agreement with Wilson and Company for design services to renovate wastewater
pump stations.
Don Hoff, Director of Engineering and Utilities, explained the
agreement.
95-221 Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
adopt Resolution Number 95-4889. Aye: (5). Nay: (0). Motion carried.
II(8.13) Resolution Number 95-4888, authorizing the Mayor to sign a Grant
Agreement between the City of Salina and Salina Habitat for Humanity, Inc.
Dennis Kissinger, City Manager, noted that this was a part of the
Neighborhood Improvement Program.
Kaye Crawford, President Salina Habitat for Humanity, explained this
is renewal project for North Salina and described how the funds would be used.
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Commissioner Perney noted he would be abstaining due to conflict of
interest.
95-222 i Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve Resolution Number 95-4888. Aye: (4) . Nay: (0) .
Abstain: (1) , Perney. Motion carried.
OTHER BUSINESS
None.
ADJOURNMENT
95-223 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 7:05 p.m.
Evelyn Maxwell, Vice-Mayor
[SEAT.]
ATTEST:
Jud D.� ong, City erk