04-03-1995 MinutesCITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
April 3, 1995
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, April 3, 1995 at 4:00 p.m.
There were present:
Mayor Joseph A. Warner, Chairman presiding
Commissioner Steve Ryan
Commissioner Peter F. Brungardt
Commissioner Evelyn Maxwell
Commissioner John Divine
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Barbara R. Weber, Deputy City Clerk
None
CITIZEN FORUM
Roberta Kaufman, 1117 Eastgate Drive, spoke regarding a real
estate transaction.
Mayor Warner advised that no action could be taken until the
issue was placed on the Commission's Agenda.
Mrs. Kaufman stated she would not be able to attend future
Commission Meetings and felt the real estate issue was unjust as she
understood the City would not accept less than full asking price for an
adjacent narrow lot in Eastgate. After paying the full price found out the
City then sold additional lots in the same area for less than full price within
thirty (30) days after she had made her purchase. She asked that the
Commission look into the matter.
AWARDS - PROCLAMATIONS
None.
LTBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of March 27, 1995.
(6.2) Petition Number 4099, filed by Harold Martin, requesting the
vacation of Smoky Hill Drive from Columbia Avenue to Penn Avenue.
(6.3) Petition Number 4100, filed by Morgan Supply, requesting the
vacation of the west 30 feet of the North Second Street right-of-way from
Elm Street north to the railroad tracks.
(6.4) Approval of Project No. 95-923, Elevated Steel Tank, and
authorization to set date to receive bids.
(6.5) Approval of request to place private sign in public right-of-way
by the Fairway Estates Homeowner's Association, and authorize City Clerk
to issue a permit for same.
(6.6) Approval of the Eastgate Addition Drainage Improvements, Project
No. 95-937.
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Commissioner Divine asked for clarification on items 6.5 and 6.6.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained both items.
Moved by Commissioner Brungardt, seconded by Commissioner
Ryan, that all items on the Consent Agenda be approved. Aye: (5) . Nay
(0). Motion carried.
DEVELOPMENT BUSINESS
(7.1) Consider applications for 1995 Kansas Emergency Shelter Grant
Program.
Roy Dudark, Director of Planning and Community Development,
explained the program and asked that the Commission sponsor the program
and authorize the mayor to sign the applications and related documents.
Commissioner Maxwell inquired if there was a movement to provide
shelter for those with alcohol or drug dependencies.
Mr. Dudark responded that there were no current plans and that
the current facilities required individuals to be alcohol and drug free.
Mayor Warner stated that such provisions would be a strength.
Moved by Commissioner Divine, seconded by Commissioner
Maxwell, that the submitted applications be approved and that the Mayor be
authorized to sign the applications and related documents. Aye: (5). Nay:
(0) . Motion carried.
ADMINISTRATION
(8.1) Resolution No. 95-4859 authorizing the City Manager to take any
necessary action to support implementation of restructuring of cable
television tiers.
Mayor Warner asked for clarification of "any necessary action".
Dennis Kissinger, City Manager, clarified the resolution.
Mayor Warner expressed his appreciation of the availability of the
economy package.
Commissioner Maxwell asked if there had been any citizen
response during the past week.
Keith Rawlings, Risk Manager, advised he had received
approximately a half-dozen calls most requesting specific information and
explained the minimum requirements T.C.I. must offer.
Commissioner Maxwell directed concerns regarding requests for
other channels to T.C.I.
Mr. Kissinger questioned the Commission's involvement advising
that citizens should direct their concerns to T. C. 1. rather than
Commissioners as the City cannot dictate programming.
Rick Christy, General Manager T . C . I . , responded that he had
received a few calls, questions basically on what channels will be available.
Mr. Christy stated T.C.I. is supplying what is required by the F . C . C . , and
agreed with the City Manager that there is no perfect mix of channels for all
16,000 plus subscribers.
Commissioner Maxwell asked if citizens utilizing the basic package
would have to pay for the Preview Channel.
Mr. Christy stated yes they would because those citizens will
have access to "Pay Per View" channels.
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Commissioner Maxwell asked for a clarification of the differences
between the basic and expanded options.
Mr. Christy explained that consumers will not loose any
channels. The current basic package has 51 channels without counting the
Pay -Per -View channels. The new expanded basic package will contain those
same 51 channels at the current price.
Commissioner Maxwell thanked T.C.I. for the new Basic Package.
Mayor Warner asked if June 1, 1995 was still the implementation
date.
Mr. Christy responded that T.C.I. was "on track".
Commissioner Ryan, stated that this package was as acceptable as
any and that the three (3) Access Channels provided for local government
and education could and should be better utilized by the City, County and
School Board, extending a challenge to the Commission to make better use
of this package.
Moved by Commissioner Ryan, seconded by Commissioner Maxwell
that Resolution No. 95-4859 be approved supporting the cable television
restructuring plan. Aye: (5). Nay: (0). Motion carried.
(8.2) First Reading Ordinance No. 95-9685 amending Section 4.12 of
Ordinance No. 92-9492, the cable television franchise ordinance, reducing
the number of required basic service channels.
Dennis Kissinger, City Manager, explained the ordinance changed
only one number.
Commissioner Maxwell asked why reduce the minimum requirement
and if the Commission would have to respond with another Ordinance if the
minimum returned to twenty-eight (28) basic service channels.
Mr. Kissinger responded that as a new minimum it could be added
to without further action but it placed restriction on reducing the number of
basic service channels further, as far as the City was empowered to do so.
Moved by Commissioner Divine, seconded by Commissioner Ryan
that the First Reading of Ordinance Number 95-9685 be approved. Aye:
(5). Nay: (0). Motion carried.
(8.3) Resolution No. 95-4858 authorizing the Board of Directors of the
Salina Business Improvement District No. 1 to file suits in the Small Claims
Court of the Saline County District Court in the name of the City of Salina
for the purpose of collecting certain delinquent improvement service fees.
Greg Bengtson, City Attorney, explained the process involved
and the necessity for filing these suits.
Commissioner Divine questioned if the City could be held liable for
for the action of B. 1. D. serving as an agent for the City.
Mr. Bengtson explained this will be standard pleadings and with
constant communication liability should not be a problem.
Commissioner Divine asked if approving this resolution would put
the City in any additional risk.
Mr. Bengtson responded that he did not believe it would.
Mayor Warner asked if debt claims over $1,000 would be handled
another way.
Mr. Bengston responded that this resolution provides for limited
action and that regular civil action would be utilized for claims over $1,000.
Moved by Commissioner Divine, seconded by Commissioner Ryan
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that Resolution Number 95-4858 be approved.
Commissioner Maxwell asked if the B.I.D. had used a collection
agency or collected funds on their own.
Nick Slechta, Executive Director of B.I.D. Salina Downtown Inc.,
advised they had been utilizing the City Attorney which has been costly.
This resolution will allow the processing of claims under $1,000 to be
expedited and reduce cost.
Commissioner Maxwell asked if there was a board consensus for
this resolution.
Mr. Slechta indicated it was.
Having received a Motion to adopt this resolution with a second,
Mayor Warner called for a vote. Aye: (5) . Nay: (0) . Motion carried.
(8.4) Agreement related to the Magnolia/I-135 Interchange Project.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the agreement and recommended approval.
Commissioner Maxwell questioned costs relating to items five (5)
and six (6) asking if there was an estimate.
Mr. O'Leary stated there were no estimates, however, it was his
goal to return to the commission with them in the form of a Change Order.
Commissioner Maxwell asked if these costs then are over and
above or included in the budget.
Mr. O'Leary believed the costs were included.
Dennis Kissinger, City Manager, explained these are project costs
"we were aware of" and they "fit in" with the project.
Commission Maxwell asked about the status of inadequate/unstable
homes.
Mr. O'Leary stated the City will purchase them with various
options to the home owner and gave examples, stating that there are
currently five (5) such homes currently being reviewed.
Roy Dudark, Director of Planning and Community Development,
added that purchase of a used replacement home was also an option.
Mr. O'Leary advised the final option decision would be up to the
individual home owners.
Mr. Kissinger advised that goals and guidelines have been
previously set with Planning and Community Development and that this
project has met his expectations.
Mayor Warner asked for an historical perspective questioning if
short streets will be vacated.
Mr. O'Leary responded the short streets would be vacated.
Mr. Kissinger advised the map being viewed indicated previously
vacated streets.
Moved by Commissioner Divine, seconded by Commissioner
Maxwell, that the agreement related to the Magnolia/I-135 Interchange Project
be approved as presented. Aye: (5). Nay: (0). Motion carried.
(8.5) Change Order No. 4 for the Fox -Watson Storefront Remodeling,
Project No. 94-915.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
Commission
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explained Change Order Number 4. The cost increase was for Americans
with Disabilities Act compliance, tenant requested changes in ceiling reduced
costs and tenant changes to floor covering are without cost change.
Recommended that the City Commission approve this Change Order.
Commissioner Divine inquired if there will be a rent deviation for
this rental unit.
Nick Slechta, Executive Director of B.I.D. Salina Downtown Inc.,
advised a rent deviation had not been discussed.
Commissioner Maxwell asked for the length/term of the lease.
Mr. Slechta advised these were two (2) year leases.
Commissioner Maxwell asked if the City had an agreement with
Mr. Slechta advised there is an agreement and that Dennis
Kissinger, City Manager, is working on the specifics of this agreement.
Mr. Kissinger explained the agreement.
Moved by Commissioner Ryan, seconded by Commissioner
Brungardt to approve Change Order Number 4 for the Fox -Watson
Storefront Remodeling Project Number 94-915. Aye: (5) . Nay: (0) .
Motion carried.
(8.6) Resolution No. 95-4860 authorizing the City Commission to approve
Certificates of Release from Environmental Condition Liability.
Greg Bengtson, City Attorney, explained the releases and
recommended that Resolution Number 95-4860 be approved, clarifying that
the release applies only to the applicants as they appear on the release.
Dennis Kissinger, City Manager, explained that this Resolution
was brought to the City Commission because it was the first and that in the
future these releases will be under the Consent Agenda.
Mayor Warner asked if the process was satisfactory.
Mr. Kissinger assured the City Commission by explaining the
process being used to determine the release of liability to certain persons.
Commissioner Divine asked for clarification that the Certificate did
not set free a person for contamination.
Mr. Kissinger explained that was exactly what the certification did
do and explained the Certificate of Release.
Commissioner Maxwell asked if the certification could impact future
property owners.
Mr. Bengtson explained that while a prior certification will not
release a new property owner it will give the history for future release and
clarified the Certificate of Release.
Motion by Commission Divine, seconded by Commissioner Maxwell
to adopt Resolution Number 95-4860. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
Mayor Warner reminded citizens that tomorrow is election day, polls
are open from 7:00 a.m. to 7:00 p.m., and encouraged everyone to "get out
and vote".
Commissioner Maxwell asked if the Roberta Kaufman issue would
be addressed.
Mr. Kissinger advised that he would bring the issue back before
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the Commission in the future for action.
ADJOURNMENT
Moved by Commissioner Maxwell, seconded by Commissioner
Brungardt, that the Regular Meeting of the Board of Commissioners be
adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 4:59 p.m.
[SEAL]
ATTEST:
Judy ng, City Cler
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