09-27-1993 Minutes�'nmmiccinn _ _
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93-391
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
SEPTEMBER 27, 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 27, 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 presented plaques of appreciation to past Board and
Commission members: Ernest Cole, Accessibility Advisory Board; Andrew P.
Stierwalt, Human Relations Commission; Deane Allen, City Planning Commission;
Betsy Poer, Jane Weathers and Nancy Hodges, Arts and Humanities Commission;
Jim Swedlund and Burke L. Matthews, Business Improvement District No. 1
Board of Advisors.
(4.2) The Mayor proclaimed the Month of October, 1993 as "STAY IN
SCHOOL MONTH." The proclamation was read by Sergeant First Class Brown,
U.S. Army Reserves.
(4.3) The Mayor proclaimed the Week of October 3 through 9, 1993 as
"FIRE PREVENTION WEEK." The proclamation was read by Carol Vineyard,
Public Education Specialist for the Salina Fire Department.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting September 20, 1993.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the Consent Agenda item be approved. Aye: (5) . Nay: (0) . Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Consider annexation of the south half of Schilling Road from Ninth
Street east to the railroad tracks. (Introduce Ordinance Number 93-9599 for
first reading.)
Roy Dudark, Director of Planning and Community Development,
reviewed this annexation request from Saline County and discussed the future
improvement of Schilling Road.
f nmmiccinn _
Ki�hi�-Cox Py�tin� Gal a, Kansa _ __ V
93-392
93-393
93-394
93-395
Moved by Commissioner Warner, seconded by Commissioner Maxwell
that the staff recommendation be accepted and that Ordinance Number 93-9599,
providing for the annexation of certain land in the Northwest Quarter of
Section 1, Township 15 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.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 93-9597, 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 Zoning Application 93-8, filed by Ray and Dennis
Lindenmuth, requesting a change in zoning district classification from R-3 to
PC -5 on Lots 139, 141, 143 and 145, Fourth Street, Original Townsite of Salina,
Saline County, Kansas) .
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Ordinance Number 93-9597, 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) Second Reading Ordinance Number 93-9598, amending Section 39-115
of the Salina Code regarding the marking of vehicles and equipment by licensed
tree trimmers; and repealing the existing section.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 93-9598, amending Section 39-115 of the Salina Code
regarding the marking of vehicles and equipment by licensed tree trimmers; and
repealing the existing section, be adopted. Aye: Beggs, Divine, Warner,
Brungardt. (4) . Nay: Maxwell (1) . Motion adopted.
(8.3) First Reading Ordinance Number 93-9600, amending Section 25-1 of
the Salina Code regarding definitions; and amending Section 25-153 regarding
confiscation and disposition of weapons; and amending Article IX of Chapter 25
of the Salina Code by adding Section 25-160, relating to the storage of firearms
where a minor is likely to gain access thereto; and repealing the existing
Sections 25-1 and 25-153.
James D. Hill, Chief of the Salina Police Department, reviewed the
proposed ordinance which would require firearms to be securely locked when it
is foreseeable that a minor may gain access.
Dennis M. Kissinger, City Manager, reviewed the requirements for
storage of firearms.
Dr. Andy Tompkins, U.S.D. 305 Superintendent, accompanied by
several local principals, spoke in support of the ordinance.
Randall Holm, Master Hunter Safety Instructor, said this ordinance
will not solve the problem. He said gun safety should be taught in the schools.
Linda Dale Lee; Greg Seitz, police officer for the City of Lindsborg;
Bob Constable, attorney and Hunter Safety Instructor; Rick Nicholson, 349
West Ellsworth; Dick Worth, 611 Max; Lois Christiansen, 2652 Daley; Cleve
Mulder, Cleve's Marine; Virgil Swanson; Larry Carter; Jack Petty, 857 Windsor
Drive; Lon Vance, 1601 East Beloit; and Clinton Higby, 911 Seneca, spoke
against the proposed ordinance.
Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that consideration of Ordinance Number 93-9600 be tabled for two weeks. Aye:
Beggs, Maxwell. (2). Nay: Divine, Warner, Brungardt. (3). Motion defeated.
93-396
93-397
93-398
93-399
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 93-9600, amending Section 25-1 of the Salina Code regarding
definitions; and amending Section 25-153 regarding confiscation and disposition
of weapons; and amending Article IX of Chapter 25 of the Salina Code by
adding Section 25-160, relating to the storage of firearms where a minor is
likely to gain access thereto; and repealing the existing Sections 25-1 and
25-153, be introduced for first reading.
After comments from each Commissioner, Mayor Brungardt called for a
vote on Commission Action #93-396. Aye: Divine, Maxwell, Warner, Brungardt
(4). Nay: (1). Beggs. Motion adopted.
Mayor Brungardt declared a 10 minutes recess in order to clear the
room. The Commissioners recessed at 6:10 p.m. and reconvened at 6:20 p.m.
(8.4) Resolution Number 93-4640, providing for the issuance of
approximately $67,000 of general obligation bonds of the City of Salina, Kansas,
to finance the construction of a building at the golf course owned by the City
of Salina, Kansas.
Robert K. Biles, Director of Finance and Administration, reviewed the
resolution and said this project will be part of a larger bond issue scheduled
for the first of December.
Moved by Commissioner Divine, seconded by Commissioner Maxwell
that Resolution Number 93-4640, providing for the issuance of approximately
$67,000 of general obligation bonds of the City of Salina, Kansas, to finance
the construction of a building at the golf course owned by the City of Salina,
Kansas, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.5) Report on bids received Tuesday, September 21, 1993 for
construction of Cell One at the City of Salina's Solid Waste Disposal Area.
(Award the contract to Smoky Hill, Inc. in the amount of $1,421,030.)
Frank Weinhold, Director of General Services, reviewed the project
and the bids received.
Moved by Commissioner Warner, seconded by Commissioner Maxwell
that the staff recommendation be accepted and that the contract for
construction of Cell One at the City of Salina's Solid Waste Disposal Area be
awarded to Smoky Hill, Inc. in the amount of $1,421,030. Aye: (5) . Nay:
(0) . Motion adopted.
(8.6) Resolution Number 93-4641, authorizing the Mayor to execute an
agreement with Camp, Dresser & McKee, Inc. for certain resident engineering
services during construction at the City of Salina Solid Waste Disposal Area in
an amount not to exceed $96,311.
Frank Weinhold, Director of General Services, reviewed the services
covered by the agreement.
Tim Williams, Camp Dresser & McKee, reviewed the documentation
required by the State of Kansas and the terms of the contract under
discussion.
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Resolution Number 93-4641, authorizing the Mayor to execute an agreement with
Camp, Dresser & McKee, Inc. for certain resident engineering services during
construction at the City of Salina Solid Waste Disposal Area in an amount not to
exceed $96,311. Aye: (5). Nay: (0). Motion adopted.
(8.7) Resolution Number 93-4642, providing for the issuance of
approximately $1,700,000 of temporary notes and general obligation bonds of the
City of Salina, Kansas, to finance construction of improvements to the City's
Solid Waste Disposal Area.
Robert K. Biles, Director of Finance and Administration, reviewed the
resolution and said this will be part of the December first bond issue.
_ CAmu�? s s-iAn
Kih, C11 Pmtina — Salina. Kans
93-400
93-401
93-402
93-403
93-404
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 93-4642, providing for the issuance of approximately
$1,700,000 of temporary notes and general obligation bonds of the City of
Salina, Kansas, to finance construction of improvements to the City's Solid
Waste Disposal Area, be adopted. Aye: (5). Nay: (0). Motion adopted.
(8.8) City Engineer reports on the validity of Petition Number 4064 filed by
John Heline for certain street and utility improvements in Pheasant Ridge
Addition, and files a feasibility report on the improvements.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reported the signatures on the petition represent 100% of the owners of record
who own 100% of the property in the benefit district; therefore it is a valid
petition.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the City Engineer's report be accepted, and that the petition for certain
improvements in Pheasant Ridge Addition be approved. Aye: (5). Nay: (0).
Motion adopted.
(8.9) Resolution Number 93-4643, determining the advisability of curbing,
guttering, paving, grading, storm water drainage, lateral sanitary sewer and
water main and service improvements in Pheasant Ridge Addition, estimating the
cost thereof, defining the boundaries of the improvement district, method of
assessment, and apportioning the cost between the improvement district and the
city -at -large.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 93-4643, determining the advisability of curbing, guttering,
paving, grading, storm water drainage, lateral sanitary sewer and water main
and service improvements in Pheasant Ridge Addition, estimating the cost
thereof, defining the boundaries of the improvement district, method of
assessment, and apportioning the cost between the improvement district and the
city -at -large, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.10) Report on bids received September 14, 1993 for Engineering Project
93-883, Bicentennial Center Arena Roof Improvements. (Award the contract to
Insul-Foam, Inc. of Herington, Kansas in the amount of $134,330)
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the bids received and recommended the contract be awarded to
Insul-Foam, Inc., in the amount of $134,330.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that the staff recommendation be accepted and that the contract for Engineering
Project 93-883, Bicentennial Center Arena Roof Improvements, be awarded to
Insul-Foam, Inc. of Herington, Kansas in the amount of $134,330. Aye: (5).
Nay: (0) . Motion adopted.
(8.11) Consider an offer from the Salina Housing Authority to purchase 2.26
acres of land located east of the intersection of Pawnee and Osage extending to
Broadway for $29,000.
Robert K. Biles, Director of Finance and Administration, reviewed the
offer from the Housing Authority.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the Mayor be authorized to sign an Offer of Sale of Real Property with the
Salina Housing Authority for land located east of the intersection of Pawnee and
Osage extending to Broadway for $29,000. Aye: (5) . Nay: (0) . Motion
adopted.
(8.12) Approve Change Order No. 4 for Engineering Project 90-804,
Wastewater Treatment Plant No. l Improvements, in the net amount of
$21,492.36.
Don Hoff, Director of Engineering and Utilities, reviewed the items
covered by the change order.
Wo I u I u • •
93-405
93-406
93-407
93-408
93-409
Moved by Commissioner Divine, seconded by Commissioner Maxwell
that Change Order No. 4 for Engineering Project 90-804, Wastewater Treatment
Plant No. 1 Improvements, be approved. Aye: (5). Nay: (0). Motion adopted.
(8.13) Resolution Number 93-4644, authorizing the Mayor to execute and the
City Clerk to attest three agreements for Dedication of Storm Water Detention
Ponds in Tasker Addition, Austin Subdivision and Laurie Subdivision.
Roy
Dudark,
Director
of Planning and Community Development,
reviewed the
storm water
detention
pond policy adopted by the City Commission
on April 26,
1993. He
explained
that when a lump sum fee and a deed of
dedication for
each pond
has been
filed, the City will take over the maintenance
of these detention ponds.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Resolution Number 93-4644, authorizing the Mayor to execute and the City
Clerk to attest three agreements for Dedication of Storm Water Detention Ponds
in Tasker Addition, Austin Subdivision and Laurie Subdivision, be adopted.
Aye: (5). Nay: (0). Motion adopted.
(8.14) Authorize the City Manager to execute, as authorizing governmental
unit official, the Highway Traffic Safety Project grant application, and submit
the same to the Office of Traffic Safety for final approval.
James D. Hill, Police Chief, reviewed the grant which will provide
funding for four officers and associated equipment.
Dennis M. Kissinger, City Manager, reviewed the future funding
committment of the City.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the City Manager be authorized to execute, as authorizing governmental unit
official, the Highway Traffic Safety Project grant application, and submit the
same to the Office of Traffic Safety for final approval. Aye: (5) . Nay: (0) .
Motion adopted.
(8.15) Resolution Number 93-4645, authorizing the Mayor to execute and the
City Clerk to attest a License Agreement between the City of Salina, Kansas
and Salina -Saline County War Memorial, Inc. for construction of war memorial in
Sunset Park.
Steve Snyder, Director of Parks and Recreation, reviewed the
agreement.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Resolution Number 93-4645, authorizing the Mayor to execute and the City
Clerk to attest a License Agreement between the City of Salina, Kansas and
Salina -Saline County War Memorial, Inc. for construction of war memorial in
Sunset Park, be adopted. Aye: (5). Nay: (0). Motion adopted.
OTHER BUSINESS
Mayor Brungardt announced that there will be no meeting on Monday,
October 4, 1993 as the Commissioners will be attending the League of Kansas
Municipalities annual meeting in Overland Park, Kansas.
Moved by Commissioner Maxwell that a Resolution endorsing
educational needs for firearm safety in public schools be adopted.
The motion died for lack of a second.
ADJOURNMENT
93-410 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 7:45 p.m.
(SEAL1
ATTEST:
wtA,-
Jacqu line Shiever, CMC
City lerk
Peter F. Brungardt, Mayor