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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: d� - o g, City C�ek