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07-25-1994 MinutesCommission Action # 94-279 94-280 - --------- REGULAR MEETING OF THE BOARD OF COMMISSIONERS JULY 25, 1994 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, July 25, 1994, at 4:00 p.m. There were present: Mayor Joseph A. Warner, Chairman presiding Commissioner Carol E. Beggs Commissioner Peter F. Brungardt Commissioner John Divine Commissioner Evelyn Maxwell 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) The Mayor proclaimed Thursday, August 25, 1994 as "MARION C. KLEMA DAY." The proclamation was read by Shirley Jacques, Saline County Clerk. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing to consider application for Holiday Resort's Nursing Home under the CDBG Economic Development Program. (5.1a) Resolution Number 94-4767, authorizing the preparation and filing with the Kansas Department of Commerce of a Small Cities Community Development Block Grant Program application for economic development assistance for fiscal year 1994. (5. 1b) Resolution Number 94-4768, a resolution of residential anti -displacement and relocation assistance plan under Section 104(D) of the Housing and Community Development Act of 1974, as amended. Roy Dudark, Director of Planning and Community Development, explained the Holiday Resort CDBG application. Mayor Warner declared the public hearing open. There were no comments filed, written or oral, so the Mayor declared the public hearing closed. Ted Brown, owner of Holiday Resorts, was present to answer questions. Moved by Commissioner Divine, seconded by Commissioner Brungardt, that Resolution Number 94-4767, authorizing the preparation and filing with the Kansas Department of Commerce of a Small Cities Community Development Block Grant Program application for economic development assistance for fiscal year 1994, be adopted. Aye: (4). Nay: (1). Maxwell. Motion carried. Moved by Commissioner Brungardt, seconded by Commissioner Divine, that Resolution Number 94-4768, a resolution of residential anti -displacement and relocation assistance plan under Section 104(D) of the Housing and Community Development Act of 1974, as amended, be adopted. Aye: (5). Nay: (0). Motion carried. Commission 94-281 94-282 (6.1) Approve the Minutes of the Regular Meeting July 18, 1994. (6.2) Petition Number 4082 was filed by Robert Lee Haworth for the installation of certain street and utility improvements in Twin Oaks Subdivision; Twin Oaks II Subdivision; Twin Oaks III Subdivision; and Jerry Ivey Park. (Refer to the City Engineer for a report.) (6.3) Petition Number 4083 was filed by Ken Nordboe for the installation of certain street improvements in Nord Subdivision and Wallerius Addition No. 2. (Refer to the City Engineer for a report.) (6.4) Petition Number 4084 was filed by Ted Brown for the installation of certain street and utility improvements in the Holiday Resort Addition. (Refer to the City Engineer for a report.) (6.5) Petition Number 4085 was filed by Charles G. Grimwood for the vacation of the 10' utility easement located on Lots 11, 12 and 23, Replat of Lots 2, 3, 4 and 5, Mount Barbara Park Addition. (Refer to the City Engineer for a report.) (6.6) Consider Phase II of the 1994 Buildings and Facilities Budget. (6.7) Set Tuesday, August 30, 1994 as the date to receive bids for Phase III of the 1994 vehicle and equipment budget. (6.8) Set Tuesday, August 16, 1994 as the date to receive bids for Engineering Project No. 94-909, Deflection Testing of the East Dry Creek Interceptor Gravity Sewers. (6.9) Approve the notice of hearing for the 1995 budget and set August 8, 1994, 4:00 p.m. as the date and time for the public hearing on the 1995 budget. Moved by Commissioner Brungardt, seconded by Commissioner Divine, that all items on the Consent Agenda be approved. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that County Plat Application 94-2A, filed by the Salina Economic Development Corporation, for the approval of the final plat of South Industrial Area No. 2, be approved. Roy Dudark, Director of Planning and Community Development, reviewed the plat application. Gerald Cook, Executive Director of the Salina Economic Development Corporation, reviewed the site selection process. Moved by Commissioner Beggs, seconded by Commissioner Divine, that County Plat Application 94-2A, filed by the Salina Economic Development Corporation, for the approval of the final plat of South Industrial Area No. 2, be approved, and that the Mayor be authorized to sign the final plat. Aye: (5). Nay: (0). Motion carried. (7.2) Recommendation from the City Planning Commission that Planned Development District Application 94-1, filed by the Salina Housing Authority, for a change in zoning district classification from R-1 to PDD on a 2.26 tract of platted park land in the Likins Foster Addition between Osage and Broadway (aka 1307 Osage), be approved. (7.2a) First Reading Ordinance Number 94-9642. Roy Dudark, Director of Planning and Community Development, explained the request for the zoning change. Abner Perney, Development Director for the Salina Housing Authority, explained the need for the zoning change and answered questions from the Commission. Commission 94-284 94-285 94-286 94-287 that Ordinance Number 94-9642, providing for the amendment of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, and the zoning district map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof, be introduced for first reading. Aye: (5). Nay: (0). Motion carried. ADMINISTRATION (8.1) First Reading Ordinance Number 94-9641, amending Chapter 5, Article I, Section 5-1 and Article I1, Section 5-21 of the Salina Code regarding alcoholic beverages; and repealing the existing Section 5-72.1. Greg Bengtson, City Attorney, explained the ordinance. Moved by Commissioner Beggs, seconded by Commissioner Maxwell, that Ordinance Number 94-9641, amending Chapter 5, Article I, Section 5-1 and Article II, Section 5-21 of the Salina Code regarding alcoholic beverages; and repealing the existing Section 5-72.1, be introduced for first reading. Aye: (5) . Nay: (0) . Motion carried. (8.2) Resolution Number 94-4766, adopting a policy regarding victims of certain crimes which are violations of the Salina Code; pursuant to Chapter 246 of the 1993 Session Laws of Kansas. Bruce Brown, City Prosecutor, explained the victims rights policy. Moved by Commissioner Divine, seconded by Commissioner Maxwell, that Resolution Number 94-4766, adopting a policy regarding victims of certain crimes which are violations of the Salina Code; pursuant to Chapter 246 of the 1993 Session Laws of Kansas, be adopted. Aye: (5). Nay: (0). Motion carried. (8.3) Report on bids received July 12, 1994 for the construction of the Leachate Collection System Convenience Area and Fencing. (Award the contract to Carrothers Construction Company for a base bid of $362,900 and Alternate #2 for $37,000 for a total of $399,900.) Frank Weinhold, Director of General Services, reviewed the bids which were received. Moved by Commissioner Maxwell, seconded by Commissioner Brungardt, that the staff recommendation be accepted and that the contract for the construction of the Leachate Collection System Convenience Area and Fencing be awarded to Carrothers Construction Company for a base bid of $362,900 and Alternate #2 for $37,000 for a total of $399,900. Aye: (5). Nay: (0) . Motion carried. (8.4) Request for Executive Session to discuss legal matter. Moved by Commissioner Beggs, seconded by Commissioner Brungardt, that the Board of Commissioners recess into executive session for 20 minutes for the purpose of discussing with the City Attorney a matter subject to the attorney-client privilege, for the reason that public discussion of the matter would waive the attorney-client privilege and would adversely affect the City's position in the matter. Aye: (5) . Nay: (0) . Motion carried. The Commissioners recessed at 4:53 p.m. and reconvened at 5:13 p.m. The Commissioners took no action. OTHER BUSINESS Commissioner Maxwell spoke about possibly using cable franchise fees for the educational and government channels. Commission Action # A Tl T! -%T T n XTRIV XTrIr R i �] Moved by Commissioner Divine, 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 5:14 p.m. • Z -Ma A . Warmer, 4Y or [SEAL] ATTEST: `bJ . long , Cit lerk