04-04-1994 MinutesCommission--_-- -_._--
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
APRIL 4, 1994
4:00 p.m.
j
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, April 4, 1994, at 4:00 p.m.
There were present:
Mayor Peter F. Brungardt, Chairman presiding j
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
r Dennis M. Kissinger, City Manager
Judy D. Long, City Clerk
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Absent:
None
CITIZEN FORUM
None
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Month of April, 1994 as "ALCOHOL
AWARENESS MONTH 1994." The Proclamation was read by Ann Riedel, Youth
Task Force Member, Salina All-American Prevention Partnership.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(S.1) Continuation of Public Hearing opened on March 21, 1994 as required
by Resolution Number 94-4706 on Petition Number 4077, filed by Jonathan C.
Cossette, for the vacation of certain street right-of-way on Claflin Avenue,
adjacent to a portion of Block One (1) , Gile Addition; Block One (1) , Lundberg
Addition; and Blocks One (1) and Four (4), Austin Subdivision, all in the City
of Salina, Saline County, Kansas.
(S. la) Introduce Ordinance Number 94-9630 for first reading.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained the proposed vacation and the attachments in detail.
There were no other comments filed, written or oral, so the Mayor
declared the hearing closed.
94-138 Moved by Commissioner Maxwell that this item be tabled to give staff
an opportunity to explore options for pedestrian easement.
The motion died for lack of a second.
94-139 Moved by Commissioner Warner, seconded by Commissioner Beggs that
Ordinance Number 94-9630, providing for the vacation of certain street
right-of-way on Claflin Avenue, adjacent to a portion of Block One (1) , Gile
Addition; Block One (1) , Lundberg Addition; and Blocks One (1) and Four
(4) , Austin Subdivision, all in the City of Salina, Saline County, Kansas, be
I introduced for first reading. Aye: (4) . Nay: (0) . Commissioner Maxwell
i;; abstained. Motion carried.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting of March 28, 1994.
(6.2) Set the date and time of April 18, 1994, at 4:00 p.m., to hold a
public hearing on amending the 1994 Tourism and Convention budget.
Commission
Action #
94-140 Moved by Commissioner Divine, seconded by Commissioner Beggs that j
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 County Plat
application 93-1A, filed by Flying J, Inc., requesting final plat approval of the
Flying J Subdivision, a plat for a 23.74 tract of land located at the southeast
corner of Interstate 70 and Ohio Street, be approved, and that the Mayor be
authorized to sign the final plat.
Roy Dudark, Director of Planning and Community Development,
reviewed the plat request and was then asked to explain the water and sanitary
sewer agreement and the annexation resolution. He recommended that the
Commissioners approve the agreement, approve the installation of the public
water line and approve the Resolution.
There was no public comment.
94-141 j Moved by Commissioner Warner, seconded by Commissioner Divine that
Plat Application 93-1A be approved and that the Mayor be authorized to sign
ii the final plat. Aye: (5) . Nay: (0) . Motion carried.
(7.2) Consideration of an agreement for water and sanitary sewer
connection and consent to annexation.
(7.2a) Resolution Number 94-4722 requesting Saline County approve the
annexation of the proposed Flying J Travel Plaza at I-70 and Ohio Street.
94-142 Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 94-4722 be adopted.
94-143 Moved by Commissioner Warner, seconded by Commissioner Beggs that
the installation of a water line be approved.
The motions were withdrawn.
94-144 Moved by Commissioner Warner, seconded by Commissioner Beggs that
the "Agreement for Water and Sewer Connection and Consent to Annexation"
between the City of Salina and Flying J. Inc. be approved. Aye: (5). Nay:
(0) . Motion carried.
94-145 Moved by Commissioner Warner, seconded by Commissioner Divine that
the installation of a public water line along Ohio Street from Pacific Avenue to
the Flood Control Dike provided Flying J, Inc., reimburses the city the cost of
an equivalent length of private line, be authorized. Aye: (5). Nay: (0).
Motion carried.
94-146 Moved by Commissioner Warner, seconded by Commissioner Maxwell !,
that Resolution Number 94-4722, requesting the Board of Saline County
Commissioners determine the advisability of the annexation of a tract land into
the City of Salina, Kansas and give consent for such annexation, be adopted.
Aye: (5) . Nay: (0) . Motion carried.
ADMINISTRATION
(8.1) Second reading Ordinance Number 94-9628, establishing East Dry
Creek Interceptor recovery charges by adding Sections 41-74 through 41-76 to
Article III of Chapter 41 of the Salina Code, amending Salina Code Section
41-71.1 and repealing the existing section.
Roy Dudark, Director of Planning and Community Development, and
Dennis M. Kissinger, City Manager, answered questions from the Commissioners.
O. K. Webster, 316 S. 11th, owns land to be purchased by Flying
J. He asked if the city would allow residences to hook up to the line for water
and sewer. He was told that this would not be allowed without a separate
agreement with the city.
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Action
94-147 Moved by Commissioner Maxwell, seconded by Commissioner Divine
that Ordinance Number 94-9628, establishing East Dry Creek Interceptor
recovery charges by adding Sections 41-74 through 41-76 to Article III of
Chapter 41 of the Salina Code, amending Salina Code Section 41-71.1 and
repealing the existing section, be adopted. Aye: Beggs, Divine, Maxwell,
Warner, Brungardt. (5). Nay: (0). Motion carried.
94-148
94-149
(8.2) Second reading Ordinance Number 94-9629, amending Chapter 42,
Article VI, Section 42-318 of the Salina Code regarding conditional uses;
amending Article XIV, Sections 42-661 and 42-669 of the Salina Code regarding
definitions; amending Article XIV of Chapter 42 by adding Section 42-759.1
regarding definitions; and repealing existing Sections 42-318, 42-661 and
42-669. (Regarding motels, rooming houses, etc.)
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 94-9629, amending Chapter 42, Article VI, Section 42-318 of
the Salina Code regarding conditional uses; amending Article XIV, Sections
42-661 and 42-669 of the Salina Code regarding definitions; amending Article
XIV of Chapter 42 by adding Section 42-759.1 regarding definitions; and
repealing existing Sections 42-318, 42-661 and 42-669, be adopted.
Moved by Commissioner Maxwell that Section 42-759.1 be removed from
the ordinance.
place.
The motion died for lack of a second.
Much discussion regarding the ordinance and what it would allow took
The vote was taken. Aye: Beggs, Divine, Warner, Brungardt. (4).
Nay: Maxwell (1) . Motion carried.
(8.3) Resolution Number 94-4723 authorizing the Mayor to sign a security
agreement for public fund deposits with Sunflower Bank, N.A.
Robert K. Biles, Director of Finance and Administration, reviewed the
resolution.
Dennis M. Kissinger, City Manager, asked that in the future, items
such as this be handled on the consent agenda.
94-150 Moved by Commissioner Divine, seconded by Commissioner Warner that
Resolution Number 94-4723 authorizing the Mayor to sign a security agreement
for public fund deposits with Sunflower Bank, N.A. , be adopted. Aye: (5) .
Nay: (0) . Motion carried.
It was the consensus of the Commission that any other security
agreement of this type be handled on the Consent Agenda.
8.4 Resolution Number 94-4724 authorizing and ordering certain street
( ) g g
and utility improvements in the Tasker Addition.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained this item and the next 3 items that authorize improvements in the 4
subdivisions which have recently been brought before the Commission.
94-151 Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 94-4724 authorizing and ordering certain street and utility
improvements in the Tasker Addition, be adopted. Aye: (5) . Nay: (0) .
Motion carried.
(8.5) Resolution Number 94-4725 authorizing and ordering certain street
and utility improvements in the Tulane Court Addition.
94-152 '; Moved by Commissioner Divine, seconded by Commissioner Maxwell
that Resolution Number 94-4725 authorizing and ordering certain street and
utility improvements in the Tulane Court Addition, be adopted. Aye: (5) .
Nay: (0) . Motion carried.
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(8.6) Resolution Number 94-4726 authorizing and ordering certain street
and utility improvements in the Austin Subdivision.
94-153 Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Resolution Number 94-4726 authorizing and ordering certain street and
utility improvements in the Austin Subdivision, be adopted. Aye: (5). Nay:
(0) . Motion carried.
j(8.7) Resolution Number 94-4727 authorizing and ordering certain street
and utility improvements in Country Oak Estates.
94-154 Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Resolution Number 94-4727 authorizing and ordering certain street and
utility improvements in Country Oak Estates, be adopted. Aye: (5). Nay:
(0). Motion carried.
(8.8) Resolution Number 94-4728 appointing members to the Solid Waste
Management Committee.
Dennis M. Kissinger, City Manager, reviewed the resolution.
94-155 Moved by Commissioner Beggs, seconded by Commissioner Divine that
Resolution Number 94-4728 appointing members to the Solid Waste Management
Committee, be adopted. Aye: (5) . Nay: (0) . Motion carried.
(8.9) Consider request by Ruth M. Cathcart -Rake Trust to contract for
fire protection with the City of Salina.
(8.9a) First Reading Ordinance Number 94-9631.
Tom Girard, Fire Chief, reviewed the ordinance.
94-156 Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 94-9631, authorizing the City Manager to execute a contract
for fire protection of property outside the city limits, be introduced for first
reading. Aye: (5) . Nay: (0) . Motion carried.
(8.10) Report on vehicle and equipment bids received on March 29, 1994 for
the Water and Wastewater Division of the Engineering and Utilities Department.
94-157
(8.11) Resolution Number 94-4729 authorizing the Mayor to execute Solid
Waste Disposal Interlocal Agreements between the City of Salina and the Kansas
Counties of Cloud, Ellsworth, Ottawa and Republic.
Dennis M. Kissinger, City Manager, explained the resolution and
agreements.
94-158 Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that Resolution Number 94-4729 authorizing the Mayor to execute Solid Waste
Disposal Interlocal Agreements between the City of Salina and the Kansas j
Counties of Cloud, Ellsworth, Ottawa and Republic, be adopted. Aye: (5).
Nay: (0). Motion carried.
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OTHER BUSINESS
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N, Mayor Brungardt announced that Tuesday, April 5 at 10:30 is the
kickoff for the new Oakdale Park stage. He invited all interested persons to
attend
Commissioner Maxwell asked about a possible study session to discuss
housing.
Don Hoff,
Director of Engineering and
Utilities, reviewed the bids ii
received.
Moved by
Commissioner Maxwell, seconded by Commissioner Beggs
that the
contract be
awarded to the low bidder
in each of the five vehicle
categories
and further that the "bid with trade"
be accepted in each case.
Aye: (5).
Nay: (0).
Motion carried.
(8.11) Resolution Number 94-4729 authorizing the Mayor to execute Solid
Waste Disposal Interlocal Agreements between the City of Salina and the Kansas
Counties of Cloud, Ellsworth, Ottawa and Republic.
Dennis M. Kissinger, City Manager, explained the resolution and
agreements.
94-158 Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that Resolution Number 94-4729 authorizing the Mayor to execute Solid Waste
Disposal Interlocal Agreements between the City of Salina and the Kansas j
Counties of Cloud, Ellsworth, Ottawa and Republic, be adopted. Aye: (5).
Nay: (0). Motion carried.
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OTHER BUSINESS
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N, Mayor Brungardt announced that Tuesday, April 5 at 10:30 is the
kickoff for the new Oakdale Park stage. He invited all interested persons to
attend
Commissioner Maxwell asked about a possible study session to discuss
housing.
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ADJOURNMENT
94-159 '' 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 6:05 p.m.
Peter F. Brungardt, Mayor