Loading...
09-13-1993 Minutes- Commission --_— K- C- `X"q SaT 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