05-22-1995 MinutesAction
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
May 22, 1995
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, May 22, 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
Barbara R. Weber, Deputy City Clerk
Judy D. Long, City Clerk
None.
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The week of May 21st through May 27th, 1995 as "NATIONAL
PUBLIC WORKS WEEK," in the City of Salina. The proclamation was read by
Shawn O'Leary, Chairman of the Board, 1995, of the Kansas Chapter of the
American Public Works Association.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing and report on Petition Number 4099, filed by Harold
Martin, requesting vacation of public street right-of-way for Smoky Hill Drive.
(5.1a) First Reading Ordinance Number 95-9693.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
clarified the petition and City Commission options.
Mayor Divine declared the Public Hearing open.
Harold Martin, 914 South Fourth Street, Petitioner, thanked the
Commission and City Staff for their consideration and work. Mr. Martin
advised that he liked the options presented, however, requested that the
Commission consider vacating all of the street to the Martins. Mr. Martin
distributed handouts quoting current Kansas laws he felt were applicable.
Greg Bengtson, City Attorney, confirmed Mayor Divine's assessment
that more time would be needed for a decision regarding the reversion of the
excess land.
Harry Shimp, 212 Greenway Road, expressed his concerns for
retaining the easement so that all citizens could have access to the Smoky Hill
River.
Hearing no other comments, Mayor Divine closed the Public Hearing.
Dennis Kissinger, City Manager, and Mr. O'Leary, responded to
Commission concerns related to the options available.
Moved by Commissioner Brungardt to approve the vacation of the
east half of the right-of-way for Smoky Hill Drive with the exception of the
utility easement and retain the entire west half of right-of-way in its current
state. Seconded by Commissioner Perney. Aye: (5) . Nay: (0) . Motion
carried.
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Commissioner Brungardt asked staff to prepare a report and
authorized setting a hearing date regarding the declaration and disposition of
surplus land.
Commissioner Perney asked that the southeast half of the vacated
right-of-way be added to the above report.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to approve the first reading of Ordinance Number 95-9693. Aye: (5). Nay:
(0). Motion carried.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of May 11, 1995.
(6.2) Adopt Resolution Number 95-4873, repealing Resolution Numbers
95-4838 and 95-4844 regarding improvements in Country Club Estates Number 3.
(6.3) Approve Change Order Number 1, Project Number 95-930, Police
Department Building Improvements, in the net amount of $841.00.
Moved by Commissioner Maxwell, seconded by Commissioner Perney, to
approve all items on the consent agenda. Aye: (5) . Nay: (0) . Motion
carried.
DEVELOPMENT BUSINESS
(7.1) Requesting approval of Application #P95 -5/5A, filed by Ken Nordboe,
a replat in Wallerius Addition Number 2, and the vacation of a portion of
Hageman Avenue.
Roy Dudark, Director of Planning and Community Development,
explained the replat application.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to authorize the Mayor to sign the replat. Aye: (5) . Nay: (0) .
Motion carried.
(7.2) Second Reading Ordinance Number 95-9690, providing for the
rezoning of certain property within the City and prescribing the proper use
thereof.
Roy Dudark, Director of Planning and Community Development,
explained the rezoning request.
Moved by Commissioner Brungardt, seconded by Commissioner
Maxwell, to adopt Ordinance Number 95-9690 on second reading. Aye: (5),
Perney, Maxwell, Brungardt, Seaton, Divine. Nay: (0). Motion carried.
(7.3)
Requesting approval of a
preliminary development plan/plat and a
change in
zoning for Application
#PDD95-2, filed by Frank
Norton, for
property
located on the south side of
Magnolia Road.
(7.3a) First Reading Ordinance Number 95-9691.
Roy Dudark, Director of
Planning and Community
Development,
explained
the preliminary rezoning
application and responded
to Commission
inquiries
for clarification regarding:
water, streets, adjacent
land use and
projected
growth.
Frank Norton, 2524 East Magnolia Road, Petitioner, spoke regarding
the development. Mr. Norton addressed the Commissioner's concerns relating
to: water supply line size, the Ten (10) year Magnolia Plan, Business area
possibilities, streets and pedestrian areas.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to introduce Ordinance Number 95-9691 for first reading. Aye: (5).
Nay: (0) . Motion carried.
(7.4) Requesting approval of Application #A95-2, filed by Frank Norton,
for annexation of a 58.77 acre tract of land South and West of the Markley Road
and Magnolia Road intersection.
(7.4a) First Reading Ordinance Number 95-9692.
ction
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Roy Dudark, Director of Planning and Community Development,
explained the application for annexation.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to introduce Ordinance Number 95-9692 for first reading. Aye: (5). Nay: (0).
Motion carried.
ADMINISTRATION
(8.1) Report on bids received for Project Number 95-937, Eastgate
Drainage Improvements.
Shawn O'Leary, Assistant Director of Engineering and Utilities, gave
the staff report explaining the bids received and clarifying Commission inquiries
with Don Hoff, City Engineer and Director of Utilities, and Dennis Kissinger,
City Manager.
Moved by Commissioner Seaton, seconded by Commissioner
Brungardt, to award the bid for Pro ect Number 95-937 to Frank Construction
Company, Inc. in the net amount of 48,600.00. Aye: (5). Nay: (0). Motion
carried.
(8.2) Report on bids received for construction of a 500,000 gallon elevated
water tower, Project Number 95-923.
Don Hoff, Director of Engineering and Utilities, gave the staff report
on bids received for Project Number 95-923.
Moved by Commissioner Perney, seconded by Commissioner Seaton, to
award the contract for construction of a 500,000 gallon water tower on
Centennial Road to C.B.I. Na -Con, Inc., in the net amount of $598,100.00.
Aye: (5). Nay: (0). Motion carried.
(8.3) Report on Petition Number 4101, filed by Theda Lockhart, requesting
permission to establish a Pet Cemetery.
Dennis Kissinger, City Manager, introduced the petitioner, Ms.
Theda Lockhart.
Theda Lockhart, 1108 Eastgate Drive, clarified her petition,
requesting that Salina be one of the first cities in the United States to own and
operate a Pet Cemetery.
Mr. Kissinger advised the Commission this issue could be addressed
as a budgeted project.
Mayor Divine asked staff to prepare a report. No motion was
received.
(8.4) Approve Change Order Number 2, Project Number 94-914, Oakdale
Park Performing Stage, in the net amount of $8,246.00.
Shawn O'Leary, Assistant Director of Engineering and Utilities, gave
the staff report on Change Order Number 2 for the Oakdale Performing Stage
and clarified changes made.
Moved by Commissioner Maxwell, seconded by Commissioner Seaton,
to approve Change Order Number 2 for the Oakdale Performing Stage, Project
Number 95-914, in the net amount of $8,246.00. Aye: (5). Nay: (0). Motion
carried.
(8.5)
First Reading of Charter Ordinance
Number 27 exempting the City of
Salina from the Provisions of
K.S.A. 13-1017,
as amended.
Dennis Kissinger,
City Manager,
explained the benefits of this
Charter
Ordinance to the
City for flexibility and taxpayer savings. Mr.
Kissinger
agreed to publish
a resolution that
will replace K.S.A. 13-1017, as
amended.
Moved by Commissioner Perney to introduce Charter Ordinance
Number 27 for first reading and prepare a resolution, seconded by
Commissioner Maxwell. Aye: (5). Nay: (0). Motion carried.
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OTHER BUSINESS
(9.1) Authorize staff to receive bids for the 1995 Relief Well Pumping and
Testing.
Frank Weinhold, Director of General Services, explained the request
for Relief Well Pumping and Testing in the Holmquist Addition.
Moved by Commissioner Brungardt, seconded by Commissioner
Seaton, to authorize staff to receive bids for the 1995 Relief Well Pumping and
Testing. Aye: (5). Nay: (0). Motion carried.
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 5:45 p.m
John Divine, Mayor
[ SEAL]
ATTEST:
d ng, City lerk