09-13-1993 Minutes- Commission --_—
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
SEPTEMBER 13, 1993
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, September 13, 1993, 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
Jacqueline Shiever, City Clerk
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed Wednesday, September 15, 1993 as "D.A.R.E.
DAY" for the City of Salina. The proclamation was read by Officer Wayne
Norman, D . A . R . E . Officer of the Salina Police Department.
(4.2) The Mayor proclaimed Saturday, September 18, 1993 as "KANSAS
WESLEYAN DAY." The proclamation was read by Bob Pinkall, Director of
K.W.U. Alumni Relations.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on Unsafe Structures, required by Resolution Number
93-4622, adopted July 26, 1993.
(5.1a) Resolution Number 93-4634, setting forth the Board of City
Commissioners findings that certain structures are unsafe or dangerous,
directing the structures be repaired or removed, and fixing a reasonable
time within which the repair or removal of such structures shall be
commenced and completed.
Mike Peterson, Chief Building Official, reviewed the criteria used to
identify dangerous structures. He also reviewed the process of notification to
the property owners and said the repair or removal of the dangerous structures
must be completed by October 31, 1993.
Mayor Brungardt declared the public hearing open.
Ralph Wooster, owner of 325 North Seventh, said this structure is
solid and used as a warehouse. He asked for the specific repairs necessary to
bring this structure into compliance.
The Commissioners instructed Mr. Wooster to meet with Mr. Peterson
regarding specific repairs necessary for this property.
Robert
Marietta, Attorney,
representing
the owner
of 620 North
Twelfth, said the
owner is in the process of getting
clear title
to the property
in order to sell it.
He requested that
the property
be removed
from the list.
93-361
93-362
Dennis M. Kissinger, City Manager, reviewed the history of this
property. He said this property was listed as a dangerous structure one year
ago and no progress has been made to date. He suggested the property owner
put up a performance bond indicating good intentions to repair, or the City will
have the property razed.
Mike Peterson, Chief Building Official, reviewed the 13 of 18
conditions cited on this property which makes it a dangerous structure.
Ron Holub, 704 North Fourth, said he is in the process of repairing
the structure to use as rental property and it will take approximately three to
four months to complete.
Commissioner Maxwell discussed the option of extending the time
period allowed for the repair or demolition of these properties.
There were no other comments, so the Mayor declared the public
hearing closed.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 93-4634, setting forth the Board of City Commissioners
findings that certain structures are unsafe or dangerous, directing the
structures be repaired or removed, and fixing a reasonable time within which
the repair or removal of such structures shall be commenced and completed, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
CONSENT AGENDA
(6.1)
Approve
the
Minutes
of
the
Regular
Meeting
August 23,
1993.
(6.2)
Approve
the
Minutes
of
the
Special
Meeting
September 2,
1993.
(6.3) Petition Number 4064, was filed by John Heline for certain street and
utility improvements in Pheasant Ridge Addition. (Refer the petition to the
City Engineer for a report on its validity.)
(6.4) Petition Number 4065, was filed by Danny Huehl for certain street
and utility improvements in Country Oak Estates Addition. (Refer the petition
to the City Engineer for a report on its validity.)
(6.5) Set the date of October 12, 1993 to receive bids on General Services
Project, Metal Fuel Station Canopy,
(6.6) Authorize the City Clerk to issue a Surety on Bail Bond Agent
license to Leslie Earl Crawley, agent for AAA Bonding.
(6.7) Resolution 93-4636, authorizing the establishment of a Municipal Court
Bond Account and Municipal Court Restitution Account with Sunflower Bank.
Commissioner Maxwell asked that Commission Action 93-345 of the
minutes of the August 23, 1993 meeting be corrected by deleting the words "be
allowed to" and that the motion read "that Phase I (construction of Nursing
Home) and Phase I1 (sale of lots and construction of single family homes)
progress simultaneously."
Moved by Commissioner Maxwell, seconded by Commissioner Divine
that all items on the Consent Agenda, with the correction to the minutes of the
Regular Meeting of August 23, 1993, be approved. Aye: (5). Nay: (0).
Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 93-3, filed by Asbury Salina Regional Medical Center, for a text
amendment to Chapter 42 of the Salina Code, be approved. ( Introduce
Ordinance Number 93-9593 for first reading)
Roy Dudark, Director of Planning and Community Development,
reviewed the application. He said that this amendment to the Code will allow
the parking of mobile homes and travel trailers on hospital property by
individuals receiving treatment at the hospital.
Commission-
93-363
ommiscion
93-363
93-364
93-365
93-366
Wes Lavin, Director of Plant Operations at Asbury, reviewed the need
to provide this service to patients receiving treatment at the hospital. He said
only electricity would be provided and that this is intended to be temporary
housing.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the recommendation from the City Planning Commission be accepted, that Zoning
Application 93-6 be approved and that Ordinance Number 93-9593, amending
Section 42-58 of the Salina Code regarding accessory uses, and repealing the
existing section, be introduced for first reading. Aye: (5). Nay: (0).
Motion adopted.
(7.2) Recommendation from the City Planning Commission that Planned
Development District Application 93-7, filed by the City of Salina Parks and
Recreation Department, for the rezoning of Stimmel School from Saline County
Agricultural District to Planned Development District, be approved. (Introduce
Ordinance Number 93-9594 for first reading)
Roy Dudark, Director of Planning and Community Development,
reviewed the application. He said the buyer of the property will bear all costs
associated with improvements to the property.
Commissioner Maxwell said this rezoning request does not fit in to the
comprehensive plan and that she does not feel the City should encourage
housing in floodways .
Moved by Commissioner Warner, seconded by Commissioner Beggs that
the recommendation from the City Planning Commission be accepted, that
Planned Development District Application 93-7 be approved and that Ordinance
Number 93-9594, 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 introduced for first
reading. Aye: (4) . Nay: (1) . Maxwell. Motion adopted.
(7.3) Recommendation from the City Planning Commission that Annexation
Application 93-4, filed by the City of Salina Parks and Recreation Department,
for the annexation of a tract of land in 1-14-3 (Stimmel School) be approved.
(Introduce Ordinance Number 93-9595 for first reading)
Roy Dudark, Director of Planning and Community Development,
reviewed the application.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation from the City Planning Commission be accepted, that
Annexation Application 93-4 be approved, and that Ordinance Number 93-9595,
providing for the annexation of certain land in the Northeast Quarter of the
Northwest Quarter of Section 1, Township 14 South Range 3 West of the Sixth
Principal Meridian in Saline County, Kansas, in conformity with the provisions
of K.S.A. 12-519 to 12-526, inclusive, be introduced for first reading. Aye:
(5) . Nay: (0) . Motion adopted.
(7.4) Recommendation from the City Planning Commission that Plat
Application 93-6/6a, filed by Monty Montee and Danny Huehl, for the replat of
part of Blocks 1 and 3, and all of Block 4, Country Oaks Subdivision, be
approved.
Roy Dudark, Director of Planning and Community Development, said
the petitioners have requested that this item be postponed for one week in
order to make corrections to the plat drawing.
Moved by Commissioner Divine, seconded by Commissioner Warner that
consideration of Plat Application 93-6/6a be tabled for one week. Aye: (5) .
Nay: (0) . Motion adopted.
93-367
93-368
93-369
93-370
(7.5) Recommendation from the City Planning Commission that Planned
Development District Application 88-4B, filed by Monty Montee and Danny
Huehl, for the rezoning of certain lots in Country Oak Estates, and the Replat
of Country Oak Estates Addition from PDD to PDD/R-2, PDD/C-2 and PDD/C-5,
be approved. ( Introduce Ordinance Number 93-9596 for first reading) .
Roy Dudark, Director of Planning and Community Development,
reviewed the application and the eight conditions which must be met for
approval.
The Commissioners and staff discussed traffic movements and
ingress/egress to the development.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation from the City Planning Commission be accepted, that
Planned Development District Application 88-413 be approved, and that
Ordinance Number 93-9596, 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, and
amending Ordinance Number 90-9392, and repealing subsections three through
eleven of section two of said Ordinance Number 90-9392, be introduced for first
reading. Aye: (5) . Nay: (0) . Motion adopted.
Danny Huehl, 745 Huehl Circle, applicant, thanked the Commissioners
for the positive consideration.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 93-9561, 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. (PDD 93-2, Saline County Jail)
Moved by Commissioner Beggs, seconded by Commissioner Warner that
Ordinance Number 93-9561, 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
adopted.
(8.2) Report on bids received August 31, 1993 for Gypsum Hill Cemetery
Hillcrest Mausoleum restoration and tuckpointing. (Award the contract to
Mid -Continental Restoration Company in the amount of $12,540.00.)
Frank Weinhold, Director of General Services, reviewed the bids
received.
Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that the staff recommendation be accepted and that the contract for Gypsum Hill
Cemetery Hillcrest Mausoleum restoration and tuckpointing be awarded to
Mid -Continental Restoration Company in the amount of $12,540.00. Aye: (5).
Nay: (0) . Motion adopted.
(8.3) Report on bids received August 31, 1993 for TV Inspection equipment
for the Wastewater Division. (Award the contract to Ques, Inc. of Orlando,
Florida, in the amount of $38,700.)
Don Hoff, Director of Engineering and Utilities, reviewed the bids
received and recommended the contract be awarded to Ques, Inc. in the amount
of $38,700.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
the staff recommendation be accepted and that the contract for TV Inspection
equipment for the Wastewater Division be awarded to Ques, Inc. of Orlando,
Florida, in the amount of $38,700. Aye: (5). Nay: (0). Motion adopted.
93-371
93-372
93-373
(8.4) Resolution Number 93-4635, providing for the issuance of not to
exceed $165,000 of temporary notes and general obligation bonds of the City of
Salina, Kansas, to finance the installation and modification of traffic signals on
main trafficways within the City of Salina, Kansas.
Robert K. Biles, Director of Finance and Administration, said this
resolution authorizes the issuance of either temporary notes or general
obligation bonds to finance the installation of traffic signals on selected
trafficways in Salina.
The Commissioners and staff discussed the need to issue notes or
bonds instead of financing the improvements internally.
Moved by Commissioner Beggs,
seconded
by Commissioner Warner that
Resolution
Number 93-4635, providing
for the
issuance of not to exceed
$165,000 of
temporary notes and general
obligation
bonds of the City of Salina,
Kansas, to
finance the installation and
modification of traffic signals on main
trafficways
within the City of Salina, Kansas,
be
adopted. Aye: (5). Nay:
(0). Motion adopted.
(8.5) Resolution Number 93-4637, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas and
Bucher, Willis and Ratliff for professional engineering services consisting of the
concept design for approximately two miles of drainage ditch along the south
side of Schilling Road from the Union Pacific Railroad east to the Smoky Hill
River, for an amount not to exceed $20,051.16.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the drainage agreements. He said that the City of Salina and Saline
County will share the cost of the Schilling Road agreement on a 50-50 basis.
The City will fund the agreements for Ninth Street and Claflin Avenue and
Eastgate Addition. He reported that the total city share will be $39,871.21 for
all three agreements.
The Commissioners and staff discussed the services provided in the
concept studies of the 3 areas, and the difference in cost of each.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Resolution 93-4637, authorizing the Mayor to execute and the City Clerk to
attest an agreement between the City of Salina, Kansas and Bucher, Willis and
Ratliff for professional engineering services consisting of the concept design for
approximately two miles of drainage ditch along the south side of Schilling Road
from the Union Pacific Railroad east to the Smoky Hill River, for an amount not
to exceed $20,051.16, be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.6) Resolution Number
93-4638, authorizing the
Mayor to execute and
the
City Clerk to attest an agreement between the City of Salina, Kansas
and
Bucher, Willis and Ratliff for
professional engineering
services consisting of
the
drainage study and concept
design for the relief
of street flooding at
the
intersection of Ninth Street
and Claflin Avenue, for
an amount not to exceed
$25,977.63.
Moved by Commissioner Beggs, seconded by Commissioner Warner that
Resolution 93-4638, authorizing the Mayor to execute and the City Clerk to
attest an agreement between the City of Salina, Kansas and Bucher, Willis and
Ratliff for professional engineering services consisting of the drainage study
and concept design for the relief of street flooding at the intersection of Ninth
Street and Claflin Avenue, for an amount not to exceed $25,977.63, be
adopted. Aye: (4) . Nay: (1) . Maxwell. Motion adopted.
(8.7) Resolution Number 93-4639, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas and
Earles and Riggs, Engineers, Planners and Landscape Architects, for
professional engineering services consisting of the concept design for proper
drainage of the Eastgate Addition, for an amount not to exceed $3,868.
K,,hn-Gos i a Ptin9—ialK,q
93-374 Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution 93-4639, authorizing the Mayor to execute and the City Clerk to
attest an agreement between the City of Salina, Kansas and Earles and Riggs,
Engineers, Planners and Landscape Architects, for professional engineering
services consisting of the concept design for proper drainage of the Eastgate
Addition, for an amount not to exceed $3,868, be adopted. Aye: (5). Nay:
(0) . Motion adopted.
(8.8) Staff report on Municipal Court reorganization and reclassification of
the City Prosecutor and Municipal Judge.
Mike Morgan, Assistant City Manager, reviewed the municipal court
reorganization and analysis regarding the pay scale and status of the City
Prosecutor and Municipal Judge. He recommended the position of City
Prosecutor be reclassified as full-time at Pay Grade 23 and the position of
Muncipal Judge remain part-time at an hourly rate of $20.58 per hour.
93-375 Moved by Commissioner Divine, seconded by Commissioner Beggs that
the staff recommendation be accepted and that the actions relating to the City
Prosecutor and Municipal Judge positions, be approved. Aye: (5). Nay: (0).
Motion adopted.
OTHER BUSINESS
93-376 Moved by Commissioner Warner, seconded by Commissioner Beggs that
two items be added to the agenda for consideration at this time. Aye: (5) .
Nay: (0). Motion adopted.
(9.1) Report on contract to perform the 1993 Fall Street Marking for the
City of Salina.
Frank Weinhold, Director of General Services, said the contract for
this project was awarded to Tiger Striping, Inc. on August 9, 1993. He said
Tiger Striping has be unable to provide the required performance and statutory
bonds required for the contract, and recommended the award of the contract be
rescinded.
93-377 Moved by Commissioner Divine, seconded by Commissioner Maxwell
that the staff recommendation be accepted and that the previous action of
awarding the contract to perform the 1993 Fall Street Marking to Tiger
Striping, Inc. be rescinded. Aye: (5). Nay: (0). Motion adopted.
(9.2) 1993 Fall Street Marking for the City of Salina.
'I Frank Weinhold, Director of General Services, said staff negotiated
j with Twin Traffic Marking of Kansas City to perform the 1993 Fall Street
Marking for a contract amount of $15,380.32 and recommended the contract be
awarded to Twin Traffic Marking.
93-378 Moved by Commissioner Warner, seconded by Commissioner Beggs that
the normal bidding procedure be waived in the interest of public safety and
that the contract for the 1993 Fall Street Marking project be awarded to Twin
Traffic Marking in the amount of $15,380.32. Aye: (5). Nay: (0). Motion
adopted.
(9.3) Request for executive session to discuss legal matters with the City
Attorney regarding cable television. (Estimated time - 45 minutes)
Moved by Commissioner Warner, seconded by Commissioner Maxwell
that the Board of Commissioners recess into executive session for 45 minutes
for the purpose of discussing a matter subject to the attorney-client privilege,
specifically the City's legal position in relation to its cable television franchisee
as a result of rights and responsibilities afforded the City under the 1992 Cable
Act, for the reason that public discussion of the matter would waive the
attorney-client privilege and would adversely affect the City's position in the
matter. Aye: (5). Nay: (0). Motion adopted.
The Board of Commissioners recessed into Executive Session at 6:43
p.m. and reconvened at 7:28 p.m.
The Commissioners took no action.
i-CIx Pr 1 Bali e. Kars'
93-379
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 adopted. The meeting adjourned at 7:29 p.m.
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
�` S wC
Jacqu%line Shiever, CMC
City Clerk