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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