01-03-1994 MinutesKuhn -Cox Pnnq Salina, Kansas
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JANUARY 3, 1994
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, January 3, 1994, at 4:00
p.m.
There were present:
Mayor Peter F. Brungardt, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
Commissioner Evelyn Maxwell
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Stephanie Krug, Acting City Clerk
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed Sunday, January 16, 1994 as "DR. MARTIN
LUTHER KING, JR. COMMEMORATION DAY." The proclamation was read by
Reverend Dave Zehring, Pastor of the First Baptist Church in Salina.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1)
Continuation of Public
Hearing as
required by Resolution
Number
93-4660
on Petition Number 4069,
filed by Lawrence Triplett, for the vacation
of the
drainage easement located
on the west
60' of the east 110' of
Lot 2,
Triplett
II Addition to the City
of Salina,
Saline County, Kansas.
(Public
Hearing
was opened on December 13,
1993 and continued
until
January
3, 1994.)
Shawn O'Leary, Assistant Director of Engineering and Utilities, said
the petitioner has completed the required drainage study and recommended the
public hearing be continued to January 10, 1994.
Moved by Commissioner Maxwell, seconded by Commissioner Warner
that the Public Hearing as required by Resolution Number 93-4660 on Petition
Number 4069, filed by Lawrence Triplett, for the vacation of the drainage
easement located on the west 60' of the east 110' of Lot 2, Triplett II
Addition to the City of Salina, Saline County, Kansas, be continued to January
10, 1994. Aye: (5) . Nay: (0) . Motion carried.
(5.2) Continuation of Public Hearing on Conditional Use Application 93-5,
filed by Ben Frick. (Public Hearing was opened on December 13, 1993 and
continued until January 3, 1994.)
Dennis M. Kissinger, City Manager, reviewed the process for hearing
appeal cases from the City Planning Commission. He said the focus of this
hearing was on allowing residential apartments and a rooming and boarding
house as a use in the C-4 District (Central Business District) .
Ku C- Pr ming — Saline. H
94-002
Roy Dudark, Director of Planning and Community Development,
reviewed the uses permitted in C-4 zoning and those uses approved as
"conditional" uses in C-4 zoning. He reviewed the applicant's proposed use of
the facility pointing out several concerns with use of the porperty as a
rooming house with sleeping rooms and said the City Planning Commission has
recommended denial of the application.
The Commissioners and staff discussed acceptable density levels for
sleeping/ dwelling rooms, parking requirements and a "mixed-use" plan utilizing
several different types of housing.
Randy Sterrett, 721 North Seventh, said it would be better to occupy
the facility than to leave it vacant. He said he would like to see this issue
resolved to make this an asset for Salina.
John Burgess, 2427 Brookwood Lane, President of the Salina Business
Improvement District No. 1 Board of Advisors, speaking on its behalf,
requested that the Commissioners return the application to the City Planning
Commission for further study. He said the Board has been working with Mr.
Frick to resolve this issue.
Ben Frick, 120 Overhill Road, applicant, spoke on the issue of
sleeping rooms versus apartments. He said he would be willing to re-evaluate
the number of sleeping rooms, but is not willing to abandon the concept. He
said the city plumbing code cannot be met in order to install mini -kitchens.
The Commissioners, staff and applicant discussed various alternatives
for use of this facility.
Ben Frick, applicant, said he was withdrawing his request for a
conditional use permit and would apply for a hotel license instead.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the Board of Commissioners concur with the recommendation of the City
Planning Commission and deny Conditional Use Application 93-5, filed by Ben
Frick, for the following reasons: 1) that the health and safety of the
occupants would be compromised by inadequate facilities; 2) that the density of
the proposed use is incompatible with neighboring properties; and, 3) that the
proposed use would have a negative impact to other properties in the
neighborhood. Aye: Divine, Warner, B rungardt . (3) . Nay: Beggs,
Maxwell. (2) . Motion carried.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of December 20, 1993.
(6.2) Set the date of February 1, 1994 to receive bids on one (1) 1994
Custom Aerial Quint Fire Apparatus.
(6.3) Set the date of February 8, 1994 to receive bids on a bulldozer and
tank truck for the Solid Waste Division.
(6.4) Resolution Number 94-4675, authorizing the Mayor to execute a special
warranty deed conveying to Western Properties, a Kansas general partnership,
as the assignee of Wilson & Company, Engineers and Architects, certain real
estate pursuant to leases dated February 1, 1977 and March 1, 1980.
(6.5) Petition Number 4075 was filed by Dan King for the vacation of the
north -south utility easement between Albert and Schippel and South Ohio and
vacated Fawn Street in Block 6 of the Replat of Blocks 4 & 5 and Part of Block
3, Schippel Addition to the City of Salina, Kansas. (Refer the petition to the
City Engineer for a report.)
(6.6) Resolution Number 94-4676, directing public notice of application for
vacation of a certain north -south utility easement located between Albert and
Schippel and South Ohio and vacated Fawn Street in Block 6 of the Replat of
Blocks 4 & 5 and Part of Block 3, Schippel Addition to the City of Salina,
Saline County, Kansas.
(6.7) Set the date of January 24, 1994 for a public hearing regarding
closing of vehicle access to and from Crawford Street at Highland Avenue
(south of Crawford only) .
Kuhn Cox Printing — SAIIII K-111
94-003
94-005
94-006
Commissioner Maxwell asked that Commission Action #93-501 of the
December 20 commission meeting minutes reflect that 4 affirmative votes were
required in order to overturn the recommendation from the City Planning
Commission regarding Zoning Application 93-11.
Commissioner Maxwell requested staff to provide the information on
Consent Agenda Item 6.7 to the Commissioners and affected property owners as
soon as possible.
Moved by Commissioner Divine, seconded by Commissioner Beggs 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 Plat
Application 93-2A, filed by KAW Valley Engineering, for the approval of the
final plat of Sutherland Addition, be approved.
Roy Dudark, Director of Planning and Community Development,
reviewed the application.
Commissioner Warner said he would abstain from discussion and vote
on this item, and Item 7.2 and 7.3 as he has a business/personal interest in
these items.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation from the City Planning Commission be accepted, that Plat
Application 93-2A be approved, and that the Mayor be authorized to sign the
final plat of Sutherland Addition. Aye: (4) . Nay: (0) . Commissioner
Warner abstained. Motion carried.
(7.2) Recommendation from the City Planning Commission that Plat
Application 93-9A, filed by First Bank of Kansas and Earthcare Services, for
the approval of the final plat of the First Bank Addition, be approved.
Roy Dudark, Director of Planning and Community Development,
reviewed the application.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that the recommendation of the City Planning Commission be accepted, that Plat
Application 93-9A be approved and that the Mayor be authorized to sign the
final plat of the First Bank Addition. Aye: (4) . Nay: (0) . Commissioner
Warner abstained. Motion carried.
(7.3) Second Reading Ordinance Number 93-9611, 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. (Requested in Zoning Application #93-13, filed by First Bank
Kansas.)
Commissioner Maxwell stated her concern about safety and the location
of the sidewalk at this facility and offered her suggestions.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Ordinance Number 93-9611, 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 adopted.
Aye: Beggs, Divine , Maxwell, B rungardt . (4) . Nay: (0) . Commissioner
Warner abstained. Motion carried.
(7.4) Recommendation from the City Planning Commission that Plat
Application 93-10A, filed by Jean McArthur, for the approval of the final plat
of McArthur Park Addition, be approved.
Roy Dudark, Director of Planning and Community Development,
reviewed the application and the conditions imposed by the City Planning
Commission.
Kahn CI). P-1,, — Salina. Kansas
94-007
•� 11:
F'L111111'7
Bruce Moore, 1801 Hillcrest Lane, said procedures for notifying
affected property owners within 200' were not followed and asked the
Commissioners to deny the Plat Application.
Roy Dudark, Director of Planning and Community Development, said a
mailing list of affected property owners was provided by the applicant and
notices were mailed. He said a court case could force the applicant to go back
through the process with the City Planning Commission.
Jean McArthur, 175 Channel Drive, applicant, asked the
Commissioners to proceed with consideration of this item and said that she
would contact those property owners not previously notified.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation of the City Planning Commission be accepted, that Plat
Application 93-10A be approved, and that the Mayor be authorized to sign the
final plat of McArthur Park Addition. Aye: (5) . Nay: (0) . Motion
carried.
(7.5) Second Reading Ordinance Number 93-9607, 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. (Requested in Planned Development District Application 93-8,
filed by Jean McArthur . )
Commissioner Maxwell said she would like to postpone consideration of
this item for one week in order ro review the public notice question.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Ordinance Number 93-9607, 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 adopted.
Aye: Beggs, Divine, Warner, Brungardt . (4) . Nay: (0) . Commissioner
Maxwell abstained. Motion carried.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 93-9614, authorizing and directing
the issuance, sale and delivery of $11,390,000 principal amount of combined
water and sewage system revenue refunding bonds of the City of Salina,
Kansas, for the purpose of refunding a portion of a prior issue of combined
water and sewage system revenue bonds of the City, prescribing the form and
details of said revenue bonds, providing for the collection, segregation and
application of the revenues of said system for the purposes authorized by law,
including paying the cost of operation and maintenance of said utility, paying
the principal of and interest on the revenue bonds of said City issued against
said system and providing adequate reserve funds, making certain covenants
with respect to said bonds; and approving a preliminary official statement and
official statement relating to said bonds.
Moved by Commissioner Beggs, seconded by Commissioner Warner that
Ordinance Number 93-9614, authorizing and directing the issuance, sale and
delivery of $11,390,000 principal amount of combined water and sewage system
revenue refunding bonds of the City of Salina, Kansas, for the purpose of
refunding a portion of a prior issue of combined water and sewage system
revenue bonds of the City, prescribing the form and details of said revenue
bonds, providing for the collection, segregation and application of the
revenues of said system for the purposes authorized by law, including paying
the cost of operation and maintenance of said utility, paying the principal of
and interest on the revenue bonds of said City issued against said system and
providing adequate reserve funds, making certain covenants with respect to
said bonds; and approving a preliminary official statement and official
statement relating to said bonds, be adopted. Aye: Beggs, Divine, Maxwell,
Warner, B rungardt . (5) . Nay: (0) . Motion carried.
(8.2) City Engineer reports on the validity of Petition Number 4071, filed
by Jonathan C. Cossette for certain street and utility improvements in Laurie
Subdivision, and files a feasibility report.
Kinn-- P -fit — Sabina. K
aI n
94-011
94-012
94-013
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reported that the petition is valid as 100% of the owners of record of the area
liable for assessments signed the petition. He reviewed the feasibility report
and said this will complete the improvements to this subdivision.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Petition Number 4071 be approved and that the feasibility report for
certain street and utility improvements in Laurie Subdivision, be accepted.
Aye: (5) . Nay: (0) . Motion carried.
(8.3) Resolution Number 94-4678, determining the advisability of certain
street and utility improvements in Laurie Subdivision, estimating the cost
thereof, defining the boundaries of the improvement district, method of
assessment and apportioning the cost between the improvement district and the
city -at -large.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Resolution Number 94-4678, determining the advisability of certain street
and utility improvements in Laurie Subdivision, estimating the cost thereof,
defining the boundaries of the improvement district, method of assessment and
apportioning the cost between the improvement district and the city -at -large,
be adopted. Aye: (5) . Nay : (0) . Motion carried.
(8.4) Resolution Number 94-4679, authorizing and ordering certain paving
and grading improvements in the Brown and Brown Addition, ordering
preparation of plans and specifications and the estimate of costs; authorizing
the temporary financing of such improvements by the issuance of temporary
notes; and stating that the City intends to reimburse itself for capital
expenditures incurred in connection with the improvements.
Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that Resolution Number 94-4679, authorizing and ordering certain paving and
grading improvements in the Brown and Brown Addition, ordering preparation
of plans and specifications and the estimate of costs; authorizing the
temporary financing of such improvements by the issuance of temporary notes;
and stating that the City intends to reimburse itself for capital expenditures
incurred in connection with the improvements, be adopted. Aye: (5) . Nay:
(0) . Motion carried.
(8.5) Resolution Number 94-4680, authorizing and ordering certain curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer and
water main and service improvements in Country Club Estates Addition No. 3
and Country Club Estates Addition No. 4, ordering preparation of plans and
specifications and the estimate of costs; authorizing the temporary financing
of such improvements by the issuance of temporary notes; and stating that the
City intends to reimburse itself for capital expenditures incurred in
connection with the improvements.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Resolution Number 94-4680, authorizing and ordering certain curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer and
water main and service improvements in Country Club Estates Addition No. 3
and Country Club Estates Addition No. 4, ordering preparation of plans and
specifications and the estimate of costs; authorizing the temporary financing
of such improvements by the issuance of temporary notes; and stating that the
City intends to reimburse itself for capital expenditures incurred in
connection with the improvements, be adopted. Aye: (5) . Nay: (0) . Motion
carried.
(8.6) Resolution Number 94-4681, authorizing and ordering certain curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer and
water main and service improvements in the Golden Eagle Estates Addition,
ordering preparation of plans and specifications and the estimate of costs;
authorizing the temporary financing of such improvements by the issuance of
temporary notes; and stating that the City intends to reimburse itself for
capital expenditures incurred in connection with the improvements.
Kinn C., 1111tulg — Sal
94-014
94-015
y11
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 94-4681, authorizing and ordering certain curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer and
water main and service improvements in the Golden Eagle Estates Addition,
ordering preparation of plans and specifications and the estimate of costs;
authorizing the temporary financing of such improvements by the issuance of
temporary notes; and stating that the City intends to reimburse itself for
capital expenditures incurred in connection with the improvements, be
adopted. Aye: (5) . Nay: (0) . Motion carried.
(8.7) Resolution Number 94-4682, authorizing the Mayor to execute an
agreement between the City of Salina, Kansas and Camp Dresser & McKee Inc.
to provide consulting services for detection monitoring and supplemental site
assessment activities associated with the City of Salina Municipal Solid Waste
Landfill in an amount not to exceed $67,689.
Frank Weinhold, Director of General Services, reviewed the
agreement. He said the Kansas Department of Health and Environment solid
waste regulations require monitoring wells to ensure the existing landfill is
not a potential threat to users of the ground water. He said this contract
will be paid from the Solid Waste fund.
Tim Williams, Consultant with Camp, Dresser and McKee, was in
attendance to answer questions.
The Commissioners and staff discussed the fee structure of Camp,
Dresser and McKee, Inc. in regards to subcontractors.
(8.8) Resolution Number 94-4683, authorizing the Mayor to execute an
agreement between the City of Salina, Kansas and Camp Dresser & McKee Inc.
for professional engineering services in connection with design, bidding,
construction general services and residential engineering services associated
with the City of Salina Municipal Solid Waste Landfill improvements in an
amount not to exceed $31,400.
Frank Weinhold, Director of General Services, reviewed the
agreement. He said this contract will provide a design for pumps, tanks and
procedures for handling of the landfill leachate.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Resolution Number 94-4683, authorizing the Mayor to execute an agreement
between the City of Salina, Kansas and Camp Dresser & McKee Inc. for
professional engineering services in connection with design, bidding,
construction general services and residential engineering services associated
with the City of Salina Municipal Solid Waste Landfill improvements in an
amount not to exceed $31,400, be adopted. Aye: (5) . Nay: (0) . Motion
carried.
(8.9) Resolution Number 94-4684, authorizing the Mayor to execute an
agreement between the City of Salina, Kansas and Camp Dresser & McKee Inc.
for professional engineering services in connection with the design, bidding,
construction general services and residential engineering services associated
with the closure of the City of Salina's existing Municipal Solid Waste
Landfill in an amount not to exceed $59,300.
Frank Weinhold, Director of General Services, said this contract will
provide for the design of the closure of the existing landfill cells.
The Commissioners and staff discussed the alternatives of mining the
cells as opposed to closing the cells.
Moved by
Commissioner Beggs, seconded by Commissioner
Divine that
Resolution
Number
94-4682, authorizing the
Mayor to execute an
agreement
between the City of
Salina, Kansas and Camp
Dresser & McKee Inc.
to provide
consulting
services
for detection monitoring
and supplemental site
assessment
activities
associated
with the City of Salina
Municipal Solid Waste
Landfill in
an amount
not to exceed
$67,689, be adopted.
Aye: (5). Nay: (0).
Motion
carried.
(8.8) Resolution Number 94-4683, authorizing the Mayor to execute an
agreement between the City of Salina, Kansas and Camp Dresser & McKee Inc.
for professional engineering services in connection with design, bidding,
construction general services and residential engineering services associated
with the City of Salina Municipal Solid Waste Landfill improvements in an
amount not to exceed $31,400.
Frank Weinhold, Director of General Services, reviewed the
agreement. He said this contract will provide a design for pumps, tanks and
procedures for handling of the landfill leachate.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Resolution Number 94-4683, authorizing the Mayor to execute an agreement
between the City of Salina, Kansas and Camp Dresser & McKee Inc. for
professional engineering services in connection with design, bidding,
construction general services and residential engineering services associated
with the City of Salina Municipal Solid Waste Landfill improvements in an
amount not to exceed $31,400, be adopted. Aye: (5) . Nay: (0) . Motion
carried.
(8.9) Resolution Number 94-4684, authorizing the Mayor to execute an
agreement between the City of Salina, Kansas and Camp Dresser & McKee Inc.
for professional engineering services in connection with the design, bidding,
construction general services and residential engineering services associated
with the closure of the City of Salina's existing Municipal Solid Waste
Landfill in an amount not to exceed $59,300.
Frank Weinhold, Director of General Services, said this contract will
provide for the design of the closure of the existing landfill cells.
The Commissioners and staff discussed the alternatives of mining the
cells as opposed to closing the cells.
Kuhn Cox Pr n,,,q — Sabina. K--
94-017
��nii :
94-019
94-020
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 94-4684, authorizing the Mayor to execute an agreement
between the City of Salina, Kansas and Camp Dresser & McKee Inc. for
professional engineering services in connection with the design, bidding,
construction general services and residential engineering services associated
with the closure of the City of Salina's existing Municipal Solid Waste
Landfill in an amount not to exceed $59,300, be approved. Aye: (5). Nay:
(0) . Motion carried.
(8.10) Resolution Number 94-4685, authorizing the Mayor to execute an
agreement between the City of Salina, Kansas and Burlington Environmental
Inc. for disposal of household hazardous waste.
Frank Weinhold, Director of General Services, reviewed the project
and the proposals received. He recommended the contract be awarded to
Burlington Environmental Inc., and said the cost of the contract will be
determined by the type and quantity of waste disposed.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Resolution Number 94-4685, authorizing the Mayor to execute an agreement
between the City of Salina, Kansas and Burlington Environmental Inc. for
disposal of household hazardous waste, be approved. Aye: (5) . Nay: (0) .
Motion carried.
(8.11) Report on bids received December 28, 1993 for various police vehicles
and equipment. (Award the bid for 3 police patrol vehicles in the amount of
$44,544 to Long McArthur, Inc.; for a 3/4 ton conversion van in the amount of
$24,856 to Long McArthur, Inc.; and, for 4 in -car mobile camera/video
recording systems in the amount of $17,180 to CMI, Inc.)
James Hill, Police Chief, reviewed the bids received. He said these
vehicles and equipment will be funded by the traffic safety grant.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the staff recommendation be accepted and that the contract for 3 police patrol
vehicles in the amount of $44,544 be awarded to Long McArthur, Inc.; the
contract for a 3/4 ton conversion van in the amount of $24,856 be awarded to
Long McArthur, Inc.; and, that the contract for 4 in -car mobile camera/video
recording systems in the amount of $17,180 be awarded to CMI, Inc. Aye:
(5) . Nay: (0) . Motion carried.
OTHER BUSINESS
Commissioner Maxwell asked the business community to be more
conscience of recycling waste.
Commissioner Divine congratulated Kansas State University on their
win at the Copper Bowl last week.
ADJOURNMENT
Moved by Commissioner Warner, seconded by Commissioner Beggs that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) .
Nay: (0). Motion carried. The meeting adjourned at 6:40 p.m.
Peter F. Brungardt, `Mayor
[SEAL]
ATTEST:
L C"�.CL
Stephanie Krug
Acting City Clerk