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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. 95-090 95-091 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. 95-092 95-093 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 95-094 95-095 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 95-097 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 Action 95-098 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 d6e�aZn�,r� Mayors