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03-21-1994 MinutesCo 's - - _ -- -7 - Action - - - -- CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS March 21, 1994 4:00 p.m. I The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, March 21, 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: Greg Bengtson, City Attorney Dennis M. Kissinger, City Manager Judy D. Long, City Clerk Absent: None CITIZEN FORUM None AWARDS - PROCLAMATIONS None PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public Hearing as required by Resolution Number 94-4706 on Petition Number 4077, filed by Jonathan C. Cossette, for the vacation of Claflin Avenue from the east right-of-way of Ohio Street to the west right-of-way of Austin Circle in Lots One (1) and Two (2), Block One (1), Lundberg Addition; Lots One (1), Two (2) and Three (3), Gile Addition; and, Lot Eight (8), Block One (1) and Lot Eighteen (18), Block Four (4) Austin Addition to the City of Salina, Saline County, Kansas. (5.1a) It is recommended that the public hearing be continued until Monday, April 4, 1994. Shawn O'Leary, Assistant Director of Engineering and Utilities, asked that the hearing be postponed until April 4, 1994, in order to give staff time for further review. There were no comments from the public. 94-104 Moved by Commissioner Warner, seconded by Commissioner Beggs to move the public hearing, required by Resolution Number 94-4706 for the vacation of a part of Claflin Avenue, until Monday, April 4, 1994. Aye: (5) . Nay: (0) . Motion carried. CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting March 7, 1994. (6.2) Petition Number 4078 was filed by Don Tasker for street and utility improvements in the Tasker Addition. (Refer to the City Engineer for a report on validity) (6.3) Petition Number 4079 was filed by Abner Perney for street and utility improvements in the Tulane Court Addition. (Refer to the City Engineer for a report on validity) Commission -- (6.4) Petition Number 4080 was filed by improvements in the Austin Subdivision. report on validity) Darvin Dent for street and utility (Refer to the City Engineer for a Shawn O'Leary, Assistant director of Engineering and Utilities, explained that there was a discrepancy on Petition Number 4080, but asked that the petition be approved with a corrected petition being filed. (6.5) Petition Number 4081 was filed by Danny Huehl and Monty Montee for street and utility improvements in Country Oak Estates. ( Refer to the City Engineer for a report on validity) 94-105 Moved by Commissioner Divine, seconded by Commissioner Beggs that all items on the Consent Agenda be adopted as recommended. Aye: (5). Nay: (0) . Motion carried. DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Zoning Application 94-1, filed by the Salina Planning Commission, requesting amendment to the zoning ordinance section 42-318 by adding group care facilities; group rehabilitation facilities; hospitals, sanitariums, rest homes and nursing homes; multi -family dwellings; and multi -family dwellings for elderly and/or handicapped persons, amendment of section 42-661 by amending the definition of "dwelling", amendment of section 42-669 by amending the definition of "family", and the addition of section 42-759.1 to provide a definition of "rooming and boarding house", be approved. (7. 1 a) Introduce Ordinance Number 94-9629 for first reading. Roy Dudark, Director of Planning and Community Development, explained the proposed changes to the zoning ordinance. 94-106 Commissioner Divine motioned, seconded by Commissioner Warner, that Zoning Application 94-1 be approved and that Ordinance Number 94-9629 be introduced for first reading. Jeff Karcher, 660 Highland, operator of Rocket Square Apartments, expressed his concerns with this proposed change and how it would effect sleeping rooms. Staff was asked to draft a scenario of a transition of a motel facility. The vote was taken. Aye: (4). Nay: (1) Commissioner Maxwell. Motion carried. (7.2) Recommendation from the City Planning Commission that Plat Application 94-1/lA, filed by Lottie B. Doran, Judith Doran McCausland and Thermoflex, Inc., requesting final plat approval for the Jarrett Addition, a replat of Lot 12, less the north 5 feet of the east 85.04 feet of said Lot 12, in Block 2 of the replat of Blocks 4, 10, ll and 12 of the Georgetown Addition (aka 636-638 Fairdale Road) , be approved. Roy Dudark, Director of Planning and Community Development, explained the replat request. 94-107 ',' Commissioner Divine motioned, seconded by Commissioner Warner, to ' approve Plat Application 94-1/lA. Aye: (5). Nay: (0). Motion carried. (7.3) Discussion of request by Ted Brown to submit a CDBG economic development loan application to the Kansas Department of Commerce and Housing on behalf of Holiday Resort Nursing Home. Roy Dudark, Director of Planning and Community Development, explained the CDBG loan request by Holiday Resort Nursing Home. Ted Brown, owner of Holiday Resort, was present to answer questions and explain the request further. 94-108 '' Commissioner Beggs motioned, seconded by Commissioner Maxwell, to prepare the CDBG application and set April 11, 1994 as the date of public hearing. Aye: (5) . Nay: (0) . Motion carried. Commission Acts ADMINISTRATION (8.1) Second Reading Ordinance Number 94-9625, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of street and utility improvements in Holmquist Estates and Austin Subdivision. Robert K. Biles, Director of Finance and Administration, explained Ordinance Numbers 9625, 9626 and 9627. 94-109 Commissioner Divine motioned, seconded by Commissioner Warner, that Ordinance Number 94-9625, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of street and utility improvements in Holmquist Estates and Austin Subdivision, be adopted. Aye: Divine, Warner, Beggs, Maxwell, Brungardt. (5) . Nay: (0) . Motion carried. (8.2) Second Reading Ordinance Number 94-9626, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of street and utility improvements in Austin � Subdivision and Mayfair Addition. 94-110 Commissioner Warner motioned, seconded by Commissioner Maxwell, that Ordinance Number 94-9626, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of street and utility improvements in Austin Subdivision and Mayfair Addition, be adopted. Aye: Divine, Warner, Beggs, Maxwell, Brungardt. (5) . Nay: (0) . Motion carried. (8.3) Second Reading Ordinance Number 94-9627, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of street and utility improvements in Laurie Subdivision and Tasker Addition. 94-111 Commissioner Beggs motioned, seconded by Commissioner Divine, that Ordinance Number 94-9627, levying special assessments on lots, pieces and parcels of ground in the City of Salina, Kansas for the purpose of paying a portion of street and utility improvements in Laurie Subdivision and Tasker Addition, be adopted. Aye: Divine, Warner, Beggs, Maxwell, Brungardt. (5). Nay: (0). Motion carried. (8.4) Resolution Number 94-4708, adopting regulations and procedures relating to the regulation of basic service rates and charges of any cable television system operating in the City. Dennis M. Kissinger, City Manager, explained Resolution 94-4708. Corrections were noted where cost -of -living should read cost -of -service. 94-1.12 Commissioner Beggs motioned, seconded by Commissioner Maxwell, that Resolution Number 94-4708, adopting regulations and procedures relating to the regulation of basic service rates and charges of any cable television system operating in the City, be adopted, as corrected. Aye: (5) . Nay: (0) . Motion carried. (8.5) Resolution Number 94-4709, providing for the construction of a new interchange at the intersection of I-135 and Magnolia Road in the City of Salina, Kansas. Robert K. Biles, Director of Finance and Administration explained Resolution Number 94-4709. i 94-113 Commissioner Divine motioned, seconded by Commissioner Warner, that Resolution Number 94-4709, providing for the construction of a new interchange I at the intersection of I-135 and Magnolia Road in the City of Salina, Kansas, be adopted. Aye: (4). Nay: (1) Commissioner Maxwell. Motion carried. (8.6) Resolution Number 94-4710, authorizing and directing the issuance of temporary notes of the City of Salina, Kansas, in an aggregate principal amount i' of $1,035,000pfor the purpose of providing funds to pay the cost of various street and utility improvements in the City. 94-114 94-115 94-116 94-117 - - -- -- --- - Robert K. Biles, Director of Finance and Administration, explained Resolution Number 94-4710. Commissioner Divine motioned, seconded by Commissioner Maxwell, that Resolution Number 94-4710, authorizing and directing the issuance of temporary notes of the City of Salina, Kansas, in an aggregate principal amount of $$1,035,000 for the purpose of providing funds to pay the cost of various street and utility improvements in the City, be adopted. Aye: (5). Nay: (0). Motion carried. (8.7) Report on bids received on March 8, 1994 for vehicles and equipment. Robert K. Biles, Director of Finance and Administration, explained the bids which were received and the recommendations. General Fund 1. Mini Van -Engineering 2. 3/4 ton truck -Parks & Rec 3. Tractor -Parks & Rec. 4. Mowers -Parks & Rec. 5. 2 ATV's Gas Tax Fund 1. Air Compressor 2. Tractor Sanitation 1. Packer Truck Long -McArthur, Inc. $ 14,179.00 Long -McArthur, Inc. 15,876.00 White Star 159768.00 Modern Distributing 21,854.00 Begg's Cycleland 4,996.00 Concrete Accessories $ 10,349.00 Dauer Implement 11,139.00 Vim Truck Equipment $ 38,480.00 Commissioner Divine motioned, seconded by Commissioner Warner, to award the bids received on March 8, 1994, for vehicles and equipment, as recommended. Aye: (5) . Nay: (0) . Motion carried. (8.8) Resolution Number 94-4712 authorizing the public sale of $285,000 principal amount of Temporary Notes, Series 1994B of Salina, Kansas. This resolution also authorizes the public sale of $285,000 in Temporary Notes and sets the day and time (March 25, 1994, at 2:00 p.m.) to receive bids. Robert K. Biles, Director of Finance and Administration, explained the Resolution. Commissioner Warner motioned, seconded by Commissioner Divine, that Resolution Number 94-4712 authorizing the public sale of $285,000 principal amount of Temporary Notes, Series 1994B of Salina, Kansas and setting the day and time (March 25, 1994, at 2:00 p.m.) to receive bids, be adopted. Aye: (5) . Nay: (0) . Motion carried. (8.9) Report on bids received March 15, 1994 to perform the 1994 Spring Street Marking (pavement striping) for the City of Salina. (Staff recommends to award the contract to Twin Traffic Marking Corp. in the amount of $15,308.70) Frank Weinhold, Director of General Services, explained the bids that were received. Commissioner Maxwell motioned, seconded by Commissioner Beggs, to award the bid for the 1994 spring street marking to Twin Traffic Marking at a cost of $15,308.70. Aye: (5). Nay: (0). Motion carried. (8.10) Resolution Numbers 94-471.4 and 94-4715 authorizing the sale of certain dwelling units as requested by the Salina Housing Authority. Abner Perney, Director of the Salina Housing Authority, was present to explained the requests for sale. 94-118 ',' Commissioner Maxwell motioned, seconded by Commissioner Divine, that Resolution Numbers 94-4714 and 94-4715 authorizing the sale of certain dwelling units as requested by the Salina Housing Authority, be adopted. Aye: (5). Nay: (0). Motion carried. (8.11) Report on bids received March 15, 1994 for the East Crawford Recreation Area Ball Diamond Improvement, Project No. 94-895. (Staff recommends to award the contract to Frank Construction Company, Inc. in the Commission Act on amount of $68,940.00) Shawn O'Leary, Assistant Director of Engineering and Utilities, explained the project and the bids which had been received. 94-119 Commissioner Beggs motioned, seconded by Commissioner Divine, to award the bid for the East Crawford Recreation Area Ball Diamond Improvement project to Frank Construction in the amount of $68,940. Aye: (5) . Nay: (0) . Motion carried. (8.12) Resolution Number 94-4711 addressing the effective date of fee adjustments relating to the Sanitation and Solid Waste Divisions. Dennis M. Kissinger, City Manager, explained the Resolution would change the effective date for the sanitation and solid waste fees from April 1 to May 1, 1994. 94-120 Commissioner Warner motioned, seconded by Commissioner Maxwell, that Resolution Number 94-4711, addressing the effective date of fee adjustments relating to the Sanitation and Solid Waste Divisions, be adopted. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS Commissioner Maxwell referred to House Bill 2163, which deals with local transient guest tax. ADJOURNMENT 94-121 Commissioner Warner motioned, 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: 01 p. m. i Peter F. Brungardt, Mayor [SEAL] ATTEST: ong City Clerk