06-26-1995 MinutesAct
95-183
95-184
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 26, 1995
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, June 26, 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) Resolution Number 95-4876 expressing gratitude and appreciation to
Bernard L. Waldschmidt for serving as a Water Plant Operator for the Water
and Sewerage Department and Maintenance Worker and Custodian I for the
Parks and Recreation Department, Neighborhood Centers Division of the City
of Salina from February 1, 1971 to June 30, 1995.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve Resolution Number 95-4876. Aye: (5) . Nay: (0) . Motion
Carried.
(4.2) Resolution Number 95-4877 expressing gratitude and appreciation to
Jesse J. Guillot for serving as a Water Plant Operator and Plant Maintenance
Mechanic for the Engineering and Utilities Department of the City of Salina from
December 1, 1973 to June 30, 1995.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to approve Resolution Number 95-4877. Aye: (5). Nay: (0). Motion carried.
Mayor Divine read the resolutions and presented Mr. Waldschmidt
and Mr. Guillot with plaques.
(4.3) The Day of July 4, 1995 as "FRED D'ALBINI DAY" in the City of
Salina. The proclamation was read by Roger Steinbrock, All American 4th
Chairperson.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public hearing to consider 1995 CDBG Housing Grant application.
(5. la) Resolution Number 95-4878 authorizing the preparation and
filing with the Kansas Department of Commerce and Housing of a Small
Cities Community Development Block Grant Program application for
housing rehabilitation and homebuyer assistance for fiscal year 1995.
(5. lb) Resolution Number 95-4879 for residential anti -displacement and
relocation assistance.
Roy Dudark, Director of Planning and Community Development, gave
the staff report.
Mayor Divine opened the public hearing. No comments were
received. The Mayor closed the hearing.
Action
95-185 Moved by Commissioner Perney, seconded by Commissioner Maxwell, to
adopt Resolution Number 95-4878. Aye: (5). Nay: (0). Motion carried.
9.5-186 Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to adopt Resolution Number 95-4879. Aye: (5) . Nay: (0) . Motion carried.
(5.2) Resolution Number 95-4880 determining that certain real estate on
Smoky Hill Drive is no longer needed by the City of Salina and that the sale
of the property thereof would be in the best interest of the City.
Shawn O'Leary, Assistant Director of Engineering and Utilities, gave
the staff report explaining the proposed area of sale.
Mayor Divine opened the public hearing.
Harold Martin, 914 West South Street, owns the property on
Columbia Avenue next to the property in question. He asked that the
property be split at the alley and put up for sale separately, if not, he still
supported the sale.
Dennis Kissinger, City Manager, defined the available options: 1) to
declare all the land surplus and sell, 2) to declare part of the property as
surplus land and sell, retaining a portion, or 3) retain ownership of all the
property.
The Mayor closed the public hearing.
95-187 Moved by Commissioner Brungardt to approve the sale of the land in
two sections, divided at the alley, seconded by Commissioner Maxwell.
Mr. Kissinger clarified that this motion included the sale of both
sections of land.
Commissioner Maxwell withdrew her second of that motion requesting
a report from the Parks Advisory Board on possible uses for the west half of
the subject property.
Commissioner Perney seconded the motion clarifying the east line of
the alley is the division point. Aye: (2). Nay (3), Seaton, Maxwell, Divine.
Motion failed.
95-188 Commissioner Maxwell moved to table the resolution referring it to the
Park and Recreation Advisory Board to determine further use. Motion died for
lack of a second.
95-189 Commissioner Seaton moved to adopt the resolution as submitted.
Motion died for lack of a second.
95-190 Commissioner Perney moved to adopt Resolution 95-4880 with a
change in the legal description to indicate the division line on the east side of
the alley and retaining ownership of the west portion. Commissioner Maxwell
seconded. Aye: (5). Nay: (0). Motion carried.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of June 19, 1995.
(6.2) Report on validity for Petition No. 4103 filed by Robert Haworth
requesting certain street and utility improvements in Country Club Estates
Addition No. 3.
(6.3) Application for Property Tax Exemption, filed by ADM Milling
Company, and set a date for public hearing.
(6.4) Resolution Number 95-4882 establishing various fees for services in
the City.
Don Hoff, City Engineer and Director of Utilities, answered
questions concerning item 6.2.
Judy Long, City Clerk, explained item 6.4.
95-191 Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to approve all items on the consent agenda as presented. Aye: (5) .
Nay: (0). Motion carried.
Action
95-192
95-193
DEVELOPMENT BUSINESS
(7.1) Application #Z95-2, filed by Todd Engel on behalf of the Afterburner
Bar, requesting an amendment of the Salina City Zoning Ordinance Article VI,
Division 14, Central Business District Regulations, by amending Section
42-306(2) to allow restaurants and drinking establishments to have food and
beverage service in an outdoor patio area in the C-4 District.
(7. la) First Reading Ordinance Number 95-9694.
Roy Dudark, Director of Planning and Community Development,
explained the proposed change.
Moved by Commissioner Maxwell, seconded by Commissioner
Brungardt, to approve Ordinance Number 95-9694 on first reading. Aye:
(5) . Nay: (0) . Motion carried.
(7.2) Application #Z95-3, filed by Sam's Club, requesting an amendment of
the Salina City Zoning Ordinance Article VI, Division 13, Shopping Center
District Regulations, by amending Section 42-282(5) to allow the outdoor display
and sale of automobiles as a temporary use in the C-3 District.
(7.2a) First Reading Ordinance Number 95-9695.
Roy Dudark, Director of Planning and Community Development,
explained the proposed change.
Tom Pettway, 3111 Royal Drive, Long -McArthur Ford
representative, explained that this change would not interfere with parking
and wouldn't damage landscaping. He responded to safety concerns and
frequency of use throughout the city indicating there are only two or three
C-3 zoned areas in Salina large enough to handle this type of sale.
Commissioner Perney spoke against this ordinance with Commissioner
Maxwell concurring.
Commission Brungardt, sharing the Commissioners' concerns and
indicating this action could be reconsidered, moved to approve Ordinance
Number 95-9695 for first reading. Commissioner Seaton seconded. Aye:
(3) . Nay: (2) , Perney, , Maxwell. Motion carried.
ADMINISTRATION
(8.1) Consider Resolution Number 95-4881 declaring the south 2.2 acres of
Centennial Park as surplus park land.
Roy Dudark, Director of Planning and Community Development, gave
the staff report, noting that additional park facilities could be placed in the
remaining open space of the northern part of the park.
Deane Webb, 1216 East Minneapolis, Broker at Millwood Realty, spoke
regarding rehabilitation funds. She shared her findings that the current cost
to build a home is $60.00 per square foot. At this, the proposed homes would
have to be around 900 square feet and won't meet the criteria for low cost
housing. She expressed concerns of being able to build a family home for
$50,000 to $60,000. She explained FHA qualifying requirements indicating low
income families will not be able to purchase one of the proposed homes.
Mayor Divine explained that this is not intended to be a low income
housing project, rather is intended for moderate income families in keeping with
the area.
Dennis Kissinger, City Manager, clarified the process and intent,
explaining that the goal is to have quality housing built in this area. Specific
plans would be considered if the program were approved. He advised the
Commission needed to decide at this time whether or not this is surplus land
and if housing was their concern.
Doris Bedinger,
509 West
Beloit, Board of Salina Habitat
for
Humanity, said there is a
shortage of
$50,000 to
$70,000 homes as well as
low
income.
Bob Hedge, 760
Birch Drive,
informed
the commission that there
are
currently thirty-six houses
available in Salina in
the $40,000 to $60,000 price
range. He does not feel
this indicates
a housing
shortage. He determined
the
on
95-194
95-195
95-196
proposed homes will have to be in the 700 to 800 square foot range to meet the
targeted selling price. He asked that the commission save the park.
Bill Nelson, 917 North 13th Street, Lot 22, spoke against the
proposed project. He stated that this is a busy park and the only place
children can go in this area can go without crossing a major thoroughfare. He
also spoke concerning inequities to north Salina and Thomas Park located
there. He suggested using excess park land in the East Crawford Recreational
Area for the proposed project and asked that the City's nursery be relocated
from Thomas Park.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to approve Resolution Number 95-4881.
Commissioner Seaton said that a park of more than five acres remains
and that housing in this price range is needed.
Commissioner Brungardt stated that while the neighbors made a
compelling case for retaining the park as it is, the park can be improved with
the sale of these lots and the project is compatible with current use.
Commissioner Maxwell said that this project is attractive to the City to
keep down taxes and shared concerns that City subsidies may keep private
owners from developing available lots in that area. If this resolution passes
she asks that no subsidies be extended and that revenues generated from the
sale of these lots address the housing problem and not go to parks. She
further stated that she does not feel all options have been explored and cannot
vote for this resolution.
Mayor Divine concluded that while Green Space is a valuable issue,
the comraderie of a neighborhood was more so. He addressed the issue of
home values and the sale of lots purchased for $400 selling for an estimated
$3,000. He wants the funds to go back into the park system.
Commissioner Maxwell read a comment from a citizen asking that the
half -cent sales tax that was used to fund the jail be used for housing in order
to to keep the park.
A vote was called. Aye: (3). Nay: (2), Maxwell, Perney. Motion
carried.
(8.2) Receive and review the 1994 Audit Report from Kennedy & Coe and
approve submittal of the report to the GFOA Certificate of Conformance
program.
Bob Biles, Director of Finance and Administration, gave the staff
report.
Dave Miller, Kennedy and Coe, explained the auditors' opinions on
pages eleven and twelve.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to receive the 1994 Audit Report and approve submittal of the report
to the Certificate of Conformance program. Aye: (5) . Nay: (0) . Motion
carried.
(8.3) Award of contract for Relief Well Pumping and Testing.
Frank Weinhold, Director of General Services, explained the bids
received on June 20, 1995.
Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
award the contract for Relief Well Pumping and Testing to the low bidder,
Clarke Well and Equipment, Inc. for $6,835.00. Aye: (5). Nay. (0). Motion
carried.
(8.4) Restrict property use of the Salina Municipal Solid Waste Landfill.
Commissioner Perney shared that a
person
can expect additional
growth if they purchase next to a wheat field
but not
if they purchase by a
city
park. He indicated that if this is appropriate use
of excess park lands
then
housing should be spread to all parks.
He stated
that this observation
was
negatively received by fellow commissioners
and that
he would vote against
this
resolution.
Commissioner Maxwell said that this project is attractive to the City to
keep down taxes and shared concerns that City subsidies may keep private
owners from developing available lots in that area. If this resolution passes
she asks that no subsidies be extended and that revenues generated from the
sale of these lots address the housing problem and not go to parks. She
further stated that she does not feel all options have been explored and cannot
vote for this resolution.
Mayor Divine concluded that while Green Space is a valuable issue,
the comraderie of a neighborhood was more so. He addressed the issue of
home values and the sale of lots purchased for $400 selling for an estimated
$3,000. He wants the funds to go back into the park system.
Commissioner Maxwell read a comment from a citizen asking that the
half -cent sales tax that was used to fund the jail be used for housing in order
to to keep the park.
A vote was called. Aye: (3). Nay: (2), Maxwell, Perney. Motion
carried.
(8.2) Receive and review the 1994 Audit Report from Kennedy & Coe and
approve submittal of the report to the GFOA Certificate of Conformance
program.
Bob Biles, Director of Finance and Administration, gave the staff
report.
Dave Miller, Kennedy and Coe, explained the auditors' opinions on
pages eleven and twelve.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to receive the 1994 Audit Report and approve submittal of the report
to the Certificate of Conformance program. Aye: (5) . Nay: (0) . Motion
carried.
(8.3) Award of contract for Relief Well Pumping and Testing.
Frank Weinhold, Director of General Services, explained the bids
received on June 20, 1995.
Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
award the contract for Relief Well Pumping and Testing to the low bidder,
Clarke Well and Equipment, Inc. for $6,835.00. Aye: (5). Nay. (0). Motion
carried.
(8.4) Restrict property use of the Salina Municipal Solid Waste Landfill.
ct
Frank Weinhold, Director of General Services, explained the
restrictive covenant which will be placed on the property for future
landholders.
95-197 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to authorize the Mayor to execute the landfill property Restrictive
Covenant. Aye: (5) . Nay: (0) . Motion carried.
(8.5) Agreement with the Kansas Department of Transportation for
construction engineering services on Bicycle/Pedestrian Path Project.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the agreement.
95-198 Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, to approve the agreement with KDOT. Aye: (5). Nay: (0). Motion
carried.
(8.6) Consideration of a change to the posted speed limit on Markley Road.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the proposed change.
Commissioner Maxwell expressed her concerns related to safety for the
� park area.
95-199 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to increase the speed limit on Markley Road to 45 m.p.h. Aye:
(4). Nay: (0). Commission Maxwell abstained. Motion carried.
(8.7) Consider request by Salina Jaycees to officially collect donations at
the "gate" of $2.00 per car for the July 4 Skyfire event.
Dennis Kissinger, City Manager, explained the request.
Randy Picking, Salina Jaycee representative, further explained the
request which would help offset the cost of the event. He advised that while
his group promoted leadership it was hard to ask people for donations after
the fireworks display was underway. He estimated the group could collect
approximately $1,000 by charging a fee at the "gate" which will still leave them
short.
Tom Girard, Fire Chief, noted that both the Fire Department and the
Police Department have safety concerns with traffic being stopped to collect the
fee.
Mr. Kissinger noted that the City may want to consider increasing
their donation to the event as is done in other cities.
95-200 Moved by Commissioner Maxwell to table until after the event to see
how much is needed. Motion died for lack of a second.
95-201 Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, to deny the request to collect donations at the "gate" and to increase
the City's contribution by $1,000. Aye: (5). Nay: (0). Motion carried.
(8.8) Consider adoption of action plans for the Neighborhood Improvement
Program.
Dennis Kissinger, City Manager, gave the staff report.
Bob Biles, Director of Finance and Administration, explained the
Neighborhood Improvement Program.
95-202 Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to adopt the NSA Action Plans and proceed with implementation.
Aye: (5). Nay: (0). Motion carried.
(8.9) License agreement with ADM Milling Company.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the agreement siting this as an unusual application.
Commissioner Perney requested sidewalks be added to the agreement
as they are present on adjoining properties on both sides.
ion
95-203
95-204
Richard
Helvey,
ADM Milling
Company, explained that they are
trying to clean up
the area
by putting
up the building. When asked if they
would be willing to
put in a
sidewalk, he
said they could.
Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
approve the license agreement with the addition of a sidewalk. Aye: (5).
Nay: (0). Motion carried.
OTHER BUSINESS
Mayor Divine advised there will be no City Commission meeting next
week but City Offices will be open.
Shawn O'Leary, as citizen and Jaycee member, asked for clarification
of the motion of item 8.7. The Jaycees will be permitted to solicit from cars
once parked. He explained that even with the additional $1,000 contribution
the Jaycees are still $2,500 short.
Commissioner Brungardt suggested looking at this in next year's
budget.
Doris Bedinger spoke again asking for clarification of item 8.8.
Dennis Kissinger, City Manager, told her it was approved.
ADJOURNMENT
Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, that the Regular Meeting of the Board of Commissioners be adjourned.
Aye:(5). Nay: (0). The meeting adjourned at 6:24 p.m.
a'ohn Divine, Mayor
[ SEAL]
ATTEST:
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