01-24-1994 MinutesCommission _
Kuhn-Cox'A` l" e. Kansa
94-028
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JANUARY 24, 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 24, 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) Recognition of City of Salina United Way Committee
Ann Siemers and Ruth Ascher, United Way of Salina representatives,
introduced the City of Salina United Way committee members. The 1994
committee members included: Karen Fallis, Lee Gallion, Tom Graham, Jim
Wendell, Penny Allen, Mike Peterson, Colleen Toburen, Carl Kiltz, Mary Kay
Kuhn, Jerry Scott and Lana Jordan.
Dennis M. Kissinger, City Manager, thanked all City of Salina
employees for their participation in the 1994 United Way campaign.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing as required by Resolution Number 94-4676 on Petition
Number 4075, 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.
(5.1a) First Reading Ordinance Number 94-9616, providing 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.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the vacation request. He said there are currently no utilities in the
easement, but if the vacation is approved, any future development will require
other easements to be dedicated.
Mayor Brungardt declared the public hearing open.
There were no comments filed, written or oral, so the Mayor declared
the hearing closed.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the recommendation of the City Engineer be accepted, that Petition 4075 be
approved, and that Ordinance Number 94-9616, providing 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 be introduced for first
reading. Aye: (5). Nay: (0). Motion carried.
111 UOR M. ..
Ted= 22-
94-029
94-030
(5.2) Public Hearing and consideration of closure of Highland Avenue where
it intersects the south side of Crawford Street.
Dennis M. Kissinger, City Manager, reviewed the staff report and the
options to be considered by the Commissioners. He said staff looked at the
issues of public safety, transportation, planning and historic preservation and
found no compelling evidence to make a specific recommendation. He said this
is a public policy decision of the City Commission.
Mayor Brungardt declared the public hearing open.
Steven Wortmann, 711 Highland, speaking on behalf of the 700 block
of Highland neighborhood, said they are in support of the proposed
cul-de-sac. He said this project would be built at no cost to the taxpayers as
the cost of the improvements will be assessed to the surrounding properties.
Bernard Wojcik, 753 S. Ninth, said in his view the proposed
cul-de-sac is a deliberate attempt to separate people from people. He said it is
discrimination and a violation of civil rights.
Montee Shadwick, 412 Franklin, said the qualities of the Highland
neighborhood should be preserved and he is in favor of the proposed
cul-de-sac.
John T. McGinty, 801 Highland, said he is against the proposed
cul-de-sac. He said it will cause more traffic on Bond and will cause more
danger to children on their way to school when crossing at Bond and
Highland.
Merle Hodges, 850 S. Santa Fe, representative of the South Santa Fe
Association, said the Association supports the closure of Highland.
Virginia Vishneske, 1818 Highland; DeVere Blomberg, 216 W. Bond;
and, Jim Foley, 211 W. Prescott, spoke in favor of the proposed cul-de-sac.
There were no other comments filed, written or oral, so the Mayor
declared the public hearing closed.
The Commissioners and staff discussed setting a precedent with this
action and also discussed the approved standards for roadways in Salina.
Moved by Commissioner Warner that the closure of Highland Avenue
to traffic at its intersection with the south side of Crawford, for the purpose
of constructing a cul-de-sac on Highland, be approved for the following
reasons:
1. To improve traffic patterns and be consistent with the
Comprehensive Plan;
2. To preserve the historic nature of the neighborhood; and
3. To enhance public safety.
The motion died for lack of a second.
Moved
by Commissioner
Beggs, seconded
by Commissioner
Divine that
the request for
the closure of
Highland Avenue
to traffic at its
intersection
with the south side of Crawford
for the purpose
of constructing a cul-de-sac
on Highland, be
denied as there
is no compelling reason that it is in the public
interest to do so. Commissioner
Beggs said he felt
that this issue
should have
gone to the City
Planning Commission first.
Commissioner Maxwell said she felt this action would divide the
historic district and people need the north -south access.
Commissioner Divine said this is a creative idea but he thought this
issue should have gone to the City Planning Commission first.
Mayor Brungardt said he felt it would be a mistake to interfere with
the traditional grid design of the transportation plan.
Mayor Brungardt called for a vote on Commission Action #94-030.
Aye: Beggs, Divine, Maxwell, Brungardt. (4). Nay: Warner. (1). Motion
carried.
94-031
94-032
94-033
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting January 10, 1994.
(6.2) Set the date of February 15, 1994 to receive bids on Engineering
Project 94-896, Municipal Pool Improvements, and Engineering Project 94-897,
Oakdale Park Tennis Court Improvements.
(6.3) Set the date of February 22, 1994 to receive bids on Engineering
Project 93-888, 1993-1994 Sidewalk Improvements.
(6.4) Establish deadline for submittal of petitions for public improvements.
(6.5) Consideration of 1994 Vehicle and Equipment Program, Phase I and
set the date of February 8, 1994 to receive bids on ten police package vehicles.
(6.6) Consideration of 1994 Building and Facilities Program, Phase I.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) . Motion
carried.
None
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) Second Reading Ordinance Number 94-9615, providing 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.
(Requested in Petition Number 4069, filed by Lawrence Triplett, for the
vacation of the drainage easement located on Lot 2, Triplett II Addition to
the City of Salina, Kansas.)
Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 94-9615, providing 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 adopted. Aye: Beggs, Divine,
Maxwell, Warner, Brungardt. (5) . Nay: (0) . Motion carried.
(8.2) Second Reading Ordinance Number 93-9606, 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 93-12, filed by Lawrence Triplett, for a
change in zoning from RS (Residential Suburban) to I-2 (Light Industrial)
on the east 110' of Lot 2 and all of Lot 5, Block 1, Triplett II Addition
(aka 1200 E. North Street).)
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Ordinance Number 93-9606, 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, Warner, Brungardt. (5) . Nay: (0) . Motion
carried.
(8.3) First Reading Ordinance Number 94-9617, amending Article III of
Chapter 8 of the Salina Code regulating buildings; and repealing the existing
Article III.
Roy Dudark, Director of Planning and Community Development, said
the Inspection Department has been working with the Building Codes Advisory
and Appeals Board to amend the Uniform Building Codes to conform to local
building practices.
Mike Peterson, Chief Building and Zoning Inspector, reviewed the
proposed updates to the various building codes. He said the Builders
Association of Salina has been deeply involved in this process.
94-034
94-035
94-036
94-037
94-038
94-039
The Commissioners and staff discussed the Americans with Disabilities
Act and how those regulations will be monitored in Salina. They also discussed
certification of the city inspectors.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 94-9617, amending Article III of Chapter 8 of the Salina Code
regulating buildings; and repealing the existing Article III, be introduced for
first reading. Aye: (5). Nay: (0). Motion carried.
(8.4) First Reading Ordinance Number 94-9618, amending Article V,
Divisions 1, 2 and 5 of Chapter 8 of the Salina Code regulating the installation
of electrical wiring and apparatus; and repealing the existing Divisions.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 94-9618, amending Article V, Divisions 1, 2 and 5 of Chapter
8 of the Salina Code regulating the installation of electrical wiring and
apparatus; and repealing the existing Divisions, be introduced for first
reading. Aye: (5). Nay: (0). Motion carried.
(8.5) First Reading Ordinance Number 94-9619, amending Article VI,
Division 1, and Section 8-202 of Chapter 8 of the Salina Code regulating
plumbing and drainage systems; and repealing the existing Article VI, Division
1 and Section 8-202.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 94-9619, amending Article VI, Division 1, and Section 8-202
of Chapter 8 of the Salina Code regulating plumbing and drainage systems; and
repealing the existing Article VI, Division 1 and Section 8-202, be introduced
for first reading. Aye: (5). Nay: (0). Motion carried.
(8.6) First Reading Ordinance Number 94-9620, amending Article VIII,
Division 1 of Chapter 8 of the Salina Code regulating heating, ventilating,
cooling, refrigeration systems and incinerators; and repealing the existing
Article VIII, Division 1.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 94-9620, amending Article VIII, Division 1 of Chapter 8 of
the Salina Code regulating heating, ventilating, cooling, refrigeration systems
and incinerators; and repealing the existing Article VIII, Division 1, be
introduced for first reading. Aye: (5). Nay: (0). Motion carried.
(8.7)
First Reading Ordinance Number
94-9621,
amending Article III,
Division
1 of Chapter 14 of the Salina Code
regulating
conditions hazardous to
life and
property from fire or explosion; and
repealing
the existing Article III,
Division
1, and repealing the existing Article
III, Division 4, including Sections
14-76 through
14-79.
the
Salina Code and repealing Resolution Number
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 94-9621, amending Article III, Division 1 of Chapter 14 of
the Salina Code regulating conditions hazardous to life and property from fire
or explosion; and repealing the existing Article III, Division 1, and repealing
the existing Article III, Division 4, including Sections 14-76 through 14-79, be
introduced for first reading. Aye: (5). Nay: (0). Motion carried.
(8.8) First Reading Ordinance Number 94-9622, amending Section 14-1 of
the Salina Code regarding contracts for fire protection of property outside the
city limits, adding Sections 14-2 through 14-5 regarding the same, repealing
the existing Section 14-1 of the Salina Code and repealing Resolution Number
83-3685.
Greg Bengtson, City Attorney, reviewed the Ordinance.
Moved
by
Commissioner Maxwell, seconded
by Commissioner Warner
that Ordinance
Number 94-9622, amending Section
14-1 of the
Salina Code
regarding contracts
for fire protection of property
outside the
city limits,
adding Sections
14-2 through 14-5 regarding the same, repealing
the existing
Section 14-1 of
the
Salina Code and repealing Resolution Number
83-3685, be
introduced for first
reading. Aye: (5). Nay: (0).
Motion carried.
Commission
Kuhn-Cox P (I 4+ansa
94-040
94-041
94-042
94-043
94-044
(8.9) First Reading Ordinance Number 94-9623, ratifying existing contracts
for fire protection of property outside the city limits.
Moved by Commissioner Maxwell, seconded by Commissioner Warner
that Ordinance Number 94-9623, ratifying existing contracts for fire protection
of property outside the city limits, be introduced for first reading. Aye:
(5). Nay: (0). Motion carried.
(8.10) Resolution Number 94-4688, establishing various fees for the City of
Salina, Kansas.
Robert K. Biles, Director of Finance and Administration, reviewed
the fees. He said the effective date for most of the proposed fees will be
February 1, 1994 while the proposed fees for Solid Waste will go into effect on
April 1, 1994.
Commissioner Maxwell said that she has three areas of concern: 1)
that there are no proposed changes in animal license fees for those animals not
spayed or neutered: 2) that the Senior Golf fees could be viewed as age
discrimination; and 3) that the fees for rental of the neighborhood centers
should be lower for civic groups.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Resolution Number 94-4688, establishing various fees for the City of Salina,
Kansas, be adopted. Aye: (5) . Nay: (0) . Motion carried.
(8.11) Resolution Number 94-4689, authorizing and ordering certain curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer, and
water main and service improvements in the Laurie Subdivision, 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.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the Resolution. He said this is the next step in the improvement
process.
Moved by Commissioner Divine, seconded by Commissioner Maxwell
that Resolution Number 94-4689, authorizing and ordering certain curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer, and
water main and service improvements in the Laurie Subdivision, 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.
(8.12) Resolution Number 94-4690, authorizing the Mayor to execute an
agreement between the City of Salina, Kansas and Saline County, Kansas
designating the City as the Solid Waste Management Planning Authority for
Saline County and establishing the Solid Waste Management Committee.
Dennis M. Kissinger, City Manager, reviewed the Resolution. He
said this Resolution establishes a committee of 13, but that members have not
been appointed.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Resolution Number 94-4690, authorizing the Mayor to execute an agreement
between the City of Salina, Kansas and Saline County, Kansas designating the
City as the Solid Waste Management Planning Authority for Saline County and
establishing the Solid Waste Management Committee, be adopted.
Moved by Commissioner Maxwell that the motion be amended to allow
for the appointment of up to 30 members on the Solid Waste Management
Committee.
Commiccinn
Nunn -Cox PAt, * 9al ; Kansa
_.__ 94-045
94-046
The motion died for lack of a second.
The Mayor called for a vote on Commission Action #94-043. Aye:
(5) . Nay: (0) . Motion carried.
(8.13) Approve Change Order No. 1 for Engineering Project 91-820,
Telemetry System, in the amount of $1,772.15.
Don Hoff, Director of Engineering and Utilities, reviewed the change
order.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Change Order No. 1 for Engineering Project 91-820, Telemetry System, in
the amount of $1,772.15, be approved. Aye: (5). Nay: (0). Motion
carried.
OTHER BUSINESS
Mayor Brungardt announced that there would be no meeting on
Monday, January 31, 1994 as it is the fifth Monday of the Month.
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 6:23 p.m.
5
-7y
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
St phanie Krug
Acting City Clerk