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02-07-1994 Minutes---Commis-sion - -- - ---- - - - - — - - ---- -- ----------- - - -- r; CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS FEBRUARY 7, 1994 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, February 7, 1994, at 4:00 p.m. There were present: Mayor Peter F. Brungardt, Chairman presiding Commissioner Carol E. Beggs Commissioner Evelyn Maxwell Commissioner Joseph A. Warner comprising a quorum of the Board, also present: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Stephanie Krug, Acting City Clerk Absent: Commissioner John Divine CITIZEN FORUM None AWARDS - PROCLAMATIONS (4.1) The Mayor proclaimed the Month of February, 1994 as "NATIONAL AMBUCS MONTH". The proclamation was read by Wally Weiss, District Governor of AMBUCS . (4.2) The Mayor proclaimed the Week of February 13 through 19, 1994 as "BLACK HISTORY WEEK". The proclamation was read by Cora Williams, Secretary for the Salina Branch of the NAACP. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting January 24, 1994. (6.2) Set the date of February 22, 1994 to receive bids on eight electric golf carts and recommendation to purchase demonstrator greens mower. (6.3) Resolution Number 94-4691, directing public notice of application for vacation of the west 12' of public right-of-way on Eleventh Street located between West Grand Avenue and the 20' alley to the north in Lots 29 and 30, Block 10, Pacific Addition to the City of Salina, Saline County, Kansas. (Sets February 28, 1994 as the date for the public hearing.) (6.4) Authorize the City Clerk to issue 1994 Surety on Bail Bond Service licenses to: Bobby Gordon Smith, d/b/a Bob's Bail Bond Service; Patricia A. Champ, d/b/a Action Bail Bonds; James A. Lewis, d/b/a A -A -A Bail Bonding; and, Jack L. Kindlesparger, d/b/a B & K Bonding. Authorize the City Clerk to issue 1994 Surety on Bail Bonds Agent licenses to: Bobby Gordon Smith, agent for Bob's Bail Bond Service; Patricia A. Champ and Anthony Reid, agents for Action Bail Bonds; James A. Lewis and Leslie Earl Crawley, agents for A -A -A Bail Bonding; Jack L. Kindlesparger, Scott Kindlesparger, Steve Klingzell and Guy Ray Arnold, agents for B & K Bonding. (6.5) Report on Petition 4074 filed by Steven G. Wortmann for the construction of a cul-de-sac on Highland Avenue, directly south of Crawford Avenue. -Commisaior�--- - - - -- ---- - _ --------- - _ - - -- _ __- -------------- -- Commissioner Maxwell said that Item 8.10 in January 24th meeting should reflect that her second area the omission of senior golf membership fees could discrimination. the minutes of the of concern was that be viewed as age 94-047 Moved by Commissioner Warner, seconded by Commissioner Beggs that all items on the Consent Agenda be approved as corrected. Aye: (4). Nay: (0) . Motion carried. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Plat Application 93-11A, filed by the Salina Housing Authority for the approval of the final plat of Tulane Court Addition, be approved. Roy Dudark, Director of Planning and Community Development, reviewed the application. Abner Perney, Director of the Housing Authority, said the intent of the Housing Authority is to rent these homes for the life of the project, which is forty (40) years. He said if the homes were sold under the Homeownership Assistance Program, the grant funds would need to be repaid. 94-048 Moved by Commissioner Beggs, seconded by Commissioner Warner that the recommendation of the City Planning Commission be accepted, that Plat Application 93-11A be approved, and that the Mayor be authorized to sign the plat. Aye: (4). Nay: (0). Motion carried. (7.2) Second Reading Ordinance 93-9608, 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 #93-9, filed by the Salina Housing Authority, for a change in zoning from RS to PDD/R-1 on a tract of land located on Tulane Avenue between Yale and Otto.) 94-049 Moved by Commissioner Warner, seconded by Commissioner Beggs that Ordinance 93-9608, 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, Maxwell, Warner, Brungardt. (4) . Nay: (0) . Commissioner Divine absent. Motion carried. (7.3) Recommendation from the City Planning Commission that an amendment to Article IV, General Use Regulations, of Chapter 42, Zoning Regulations, by adding Sections 42-65 through 42-65.12, Landscaping Regulations, be approved. (Introduce Ordinance Number 94-9624 for first reading.) Roy Dudark, Director of Planning and Community Development, said the Salina Tree Board provided input to the proposed regulations. Jim Ravenkamp, speaking for the Salina Contractors Association, said the Association has not had a chance to review the proposed Ordinance and asked that second reading be delayed until February 28, 1994. 94-050 Moved by Commissioner Warner, seconded by Commissioner Beggs that Ordinance Number 94-9624 amending Sections 42-65 through 42-65.12 of Article IV of Chapter 42 of the Salina Code regarding landscaping regulations be introduced for first reading and that second reading of the Ordinance be held on February 28, 1994. Aye: (4) . Nay: (0) . Motion carried. (7.4) Resolution Number 94-4692, establishing a policy referring permanent street closures and full vacations to the City Planning Commission for review and recommendation. Roy Dudark, Director of Planning and Community Development, reviewed the Resolution. -_- Adten - - - -- -- - _ -- 94-051 Moved by Commissioner Maxwell, seconded by Commissioner Beggs that Resolution Number 94-4692, establishing a policy referring permanent street closures and full vacations to the City Planning Commission for review and recommendation, be adopted. Aye: (4). Nay: (0). Motion carried. ADMINISTRATION (8.1) Second Reading Ordinance Number 94-9616, providing for the vacation of the 20' 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, Saline County, Kansas. 94-052 Moved by Commissioner Beggs, seconded by Commissioner Maxwell that Ordinance Number 94-9616, providing for the vacation of the 20' 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, Saline County, Kansas, be adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4) . Nay: (0) . Commissioner Divine absent. Motion carried. (8.2) Second Reading Ordinance Number 94-9617, amending Article III of Chapter 8 of the Salina Code regulating buildings; and repealing the existing Article III. 94-053 Moved by Commissioner Warner, seconded by Commissioner Beggs that Ordinance Number 94-9617, amending Article III of Chapter 8 of the Salina Code regulating buildings; and repealing the existing Article III, be adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4) . Nay: (0) . Commissioner Divine absent. Motion carried. (8.3)Second 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. 94-054 Moved by Commissioner Beggs, seconded by Commissioner Warner 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 adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4) . Nay: (0) . Commissioner Divine absent. Motion carried. (8.4) Second 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. 94-055 Moved by Commissioner Maxwell, seconded by Commissioner Warner 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 adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4). Nay: (0). Commissioner Divine absent. Motion carried. (8.6) (8.5) Second Reading Ordinance Number 94-9620, amending Article VIII, 1 of Chapter 14 of the Salina Code Division 1 of Chapter 8 of the Salina Code regulating heating, ventilating, property from fire or explosion; and cooling, refrigeration systems and incinerators; and repealing the existing 1, and repealing the existing Article Article VIII, Division 1. 4, including Sections 94-056 I; Moved by Commissioner Beggs, seconded by Commissioner Maxwell — 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 adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4). Nay: (0). Commissioner Divine absent. Motion carried. (8.6) Second 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. - - Commission__ _----_ -_- -- -- A�tisn 94-057 :' Moved by Commissioner Warner, 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 adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4) . Nay: (0) . Commissioner Divine absent. Motion carried. (8.9) Resolution Number 94-4693, authorizing the Mayor to execute an agreement between the City of Salina, Kansas and Bucher, Willis & Ratcliff, Consulting Engineers, Planners & Architects, to provide design engineering services for the Mulberry Street Bridge in an amount not to exceed $25,975. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the agreement. 94-060 I' Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 94-4693, authorizing the Mayor to execute an agreement between the City of Salina, Kansas and Bucher, Willis & Ratcliff, Consulting Engineers, Planners & Architects, to provide design engineering services for the Mulberry Street Bridge in an amount not to exceed $25,975, be adopted. Aye: (4) . Nay: (0) . Motion carried. (8.10) Resolution Number 94-4694, authorizing the Mayor to execute Supplemental Agreement Number Two between the City of Salina, Kansas; Bucher, Willis & Ratliff, Consulting Engineers, Planners & Architects; and, the Secretary of Transportation of the State of Kansas, regarding construction engineering services on the Crawford Street Improvement Project, Phase III, Montrose Street to Ohio Avenue, by adding 155 additional working days and increasing the upper limit of compensation to an amount not to exceed $306,000. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the original agreement and supplemental agreements to this project. 94-061 ',' Moved by Commissioner Beggs, seconded by Commissioner Maxwell that Resolution Number 94-4694, authorizing the Mayor to execute Supplemental Agreement Number Two between the City of Salina, Kansas; Bucher, Willis & Ratliff, Consulting Engineers, Planners & Architects; and, the Secretary of I! Transportation of the State of Kansas, regarding construction engineering services on the Crawford Street Improvement Project, Phase III, Montrose Street to Ohio Avenue, by adding 155 additional working days and increasing the upper limit of compensation to an amount not to exceed $306,000, be adopted. Aye: (4). Nay: (0). Motion carried. (8.11) Resolution Number 94-4695, authorizing the Mayor to execute a three -party agreement between the City of Salina, Kansas; Union Pacific Railroad Company; and, the Secretary of Transportation of the State of Kansas for installation of railroad crossing safety improvements at Neal Avenue, Project No. 85X-1684-01, STP-OOSS(400). (8.7) Second 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. 94-058 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 adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4) . Nay: (0) . Commissioner Divine absent. Motion carried. (8.8) Second Reading Ordinance Number 94-9623, ratifying existing contracts for fire protection of property outside the city limits. 94-059 Moved by Commissioner Maxwell, seconded by Commissioner Beggs that Ordinance Number 94-9623, ratifying existing contracts for fire protection of property outside the city limits, be adopted. Aye: Beggs, Maxwell, Warner, Brungardt. (4) . Nay: (0) . Commissioner Divine absent. Motion carried. (8.9) Resolution Number 94-4693, authorizing the Mayor to execute an agreement between the City of Salina, Kansas and Bucher, Willis & Ratcliff, Consulting Engineers, Planners & Architects, to provide design engineering services for the Mulberry Street Bridge in an amount not to exceed $25,975. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the agreement. 94-060 I' Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 94-4693, authorizing the Mayor to execute an agreement between the City of Salina, Kansas and Bucher, Willis & Ratcliff, Consulting Engineers, Planners & Architects, to provide design engineering services for the Mulberry Street Bridge in an amount not to exceed $25,975, be adopted. Aye: (4) . Nay: (0) . Motion carried. (8.10) Resolution Number 94-4694, authorizing the Mayor to execute Supplemental Agreement Number Two between the City of Salina, Kansas; Bucher, Willis & Ratliff, Consulting Engineers, Planners & Architects; and, the Secretary of Transportation of the State of Kansas, regarding construction engineering services on the Crawford Street Improvement Project, Phase III, Montrose Street to Ohio Avenue, by adding 155 additional working days and increasing the upper limit of compensation to an amount not to exceed $306,000. Shawn O'Leary, Assistant Director of Engineering and Utilities, reviewed the original agreement and supplemental agreements to this project. 94-061 ',' Moved by Commissioner Beggs, seconded by Commissioner Maxwell that Resolution Number 94-4694, authorizing the Mayor to execute Supplemental Agreement Number Two between the City of Salina, Kansas; Bucher, Willis & Ratliff, Consulting Engineers, Planners & Architects; and, the Secretary of I! Transportation of the State of Kansas, regarding construction engineering services on the Crawford Street Improvement Project, Phase III, Montrose Street to Ohio Avenue, by adding 155 additional working days and increasing the upper limit of compensation to an amount not to exceed $306,000, be adopted. Aye: (4). Nay: (0). Motion carried. (8.11) Resolution Number 94-4695, authorizing the Mayor to execute a three -party agreement between the City of Salina, Kansas; Union Pacific Railroad Company; and, the Secretary of Transportation of the State of Kansas for installation of railroad crossing safety improvements at Neal Avenue, Project No. 85X-1684-01, STP-OOSS(400). - 'Commission---- 94-062 Commission- - 94-062 94-063 Shawn O'Leary, Assistant Director of Engineering and Utilities, said this crossing will contain lights and gates, and will be funded by the Kansas Department of Transportation. Moved by Commissioner Beggs, seconded by Commissioner Maxwell that Resolution Number 94-4695, authorizing the Mayor to execute a three -party agreement between the City of Salina, Kansas; Union Pacific Railroad Company; and, the Secretary of Transportation of the State of Kansas for installation of railroad crossing safety improvements at Neal Avenue, Project No. 85X-1684-01, STP-OOSS(400), be adopted. Aye: (4). Nay: (0). Motion carried. (8.12) Report on bids received Tuesday, January 18, 1994 for the Wastewater Treatment Plant Clarifier Rehabilitation, Project No. 93-890. (Award the contract to Carrothers Construction Co., Inc. of Paola, Kansas in the amount of $765,000.) Don Hoff, Director of Engineering and Utilities, reviewed the bids received and recommended the contract be awarded to Carrothers Construction Co.. Inc. Moved by Commissioner Warner, seconded by Commissioner Beggs that the staff recommendation be accepted and that the contract for the Wastewater Treatment Plant Clarifier Rehabilitation, Project No. 93-890, be awarded to Carrothers Construction Co., Inc. of Paola, Kansas in the amount of $765,000. Aye: (4). Nay: (0). Motion carried. (8.13) Resolution Number 94-4696, authorizing the Mayor to execute an agreement between the City of Salina, Kansas and Wilson & Company, Engineers & Architects, for professional engineering services in connection with the rehabilitation of clarifier units at the City of Salina Wastewater Treatment Plant 1 in an amount not to exceed $54,850. Don Hoff, Director of Engineering and Utilities, reviewed the agreement for post design work for the rehabilitation of the clarifier units at the City of Salina Wastewater Treatment Plant 1. 94-064 11 Moved by Commissioner Maxwell, seconded by Commissioner Warner that Resolution Number 94-4696, authorizing the Mayor to execute an agreement between the City of Salina, Kansas and Wilson & Company, Engineers & Architects, for professional engineering services in connection with the rehabilitation of clarifier units at the City of Salina Wastewater Treatment Plant 1 in an amount not to exceed $54,850, be adopted. Aye: (4). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Maxwell congratulated Commissioner Warner on his appointment to the National League of Cities' Steering Committee for Economic Development. She also thanked staff for its work on the City's affirmative action report. I; ADJOURNMENT 94-065 Moved by Commissioner Warner, seconded by Commissioner Beggs that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4). Nay: (0) . Motion carried. The meeting adjourned at 5:13 p. m. l ,! Peter F. Brunardt, Mayor g y [ SEAL] ATTEST: Stephanie Krug r 1 Acting City Clerk