12-13-1993 MinutesCommission
Kahn -Cox Pr�linc�2 Dalina, Kansa
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
DECEMBER 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, December 13, 1993, at 4:00
p.m.
There were present:
Acting Mayor Joseph A. Warner, Chairman presiding
Commissioner Carol E. Beggs
Commissioner John Divine
Commissioner Evelyn Maxwell
comprising a quorum of the Board, also present:
Absent:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
Mayor Peter F. Brungardt
CITIZEN FORUM
Ben Frick, 120 Overhill, Chairman of the Hawthorne Christmas Party,
sponsored by the North Salina Businessmen's Association, invited the City
Commissioners to attend the party on December 20, 1993 at 5:00 p.m.
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Month of December, 1993 as "NATIONAL
DRUNK AND DRUGGED DRIVING PREVENTION MONTH". The proclamation was
read by John Roth, Prevention Specialist, Salina All-American Prevention
Partnership.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Public Hearing on 1994 Budget - Tourism and Convention item
(5.1a) Resolution Number 93-4662, providing for the amendment of the
1994 Tourism and Convention fund.
Robert K. Biles, Director of Finance and Administration, explained
that this hearing is being held in order to amend the 1994 budget because of
an increase in transient guest tax collections. He said this increase in budget
will affect the amounts distributed to the Salina Area Chamber of Commerce and
the Bicentennial Center.
Acting Mayor Warner declared the public hearing open.
Commissioners and staff discussed the formula for distributing the
increased funds and the use of those funds by the Chamber of Commerce or for
other events.
Dennis M. Kissinger, City Manager, explained the purpose of
transient guest tax funds and the agencies eligible to participate in the use of
those funds.
There were no other comments filed, written or oral, so the Acting
Mayor declared the public hearing closed.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Resolution Number 93-4662, providing for the amendment of the 1994
Tourism and Convention fund, be tabled until after the Commissioners receive a
report from the Salina Area Chamber of Commerce and the Bicentennial Center
on how each proposes to use the increased funds. Aye: (4). Nay: (0).
Motion adopted.
Commission
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(5.2) Public Hearing on Georgetown Improvements, required by Resolution
93-4659, adopted by the Board of Commissioners on November 8, 1993.
(5.2a) Resolution Number 93-4663, determining the advisability of
certain curbing, guttering, paving, grading, storm water drainage, lateral
sanitary sewer and water main and service improvements in Georgetown
Addition and Replat of Blocks 4, 10, 11, 12, Georgetown 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.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the project and the improvements outlined in the petition. He said
the City of Salina is initiating this project.
Acting Mayor Warner declared the public hearing open.
Bill Chaffee, 2401 Village Lane, said he has already paid an
assessment for water service when the East Crawford Street Water Main was
installed and intends to protest this assessment.
Gary McCausland, representing the owners of 638 Fairdale, said there
is a discrepancy in the legal description on his notice and that there has been
water service to this property for a number of years so they should not be
assessed for water service again. He asked that more information be provided
to each the property owner being notified as to the nature of the assessment.
Shawn O'Leary, Assistant Director of Engineering and Utilities, said
his office will double check the records relating to duplicate assessments before
the next meeting.
Dennis M. Kissinger, City Manager, said staff will check the records,
but all properties must pay assessments for water service, lateral sanitary
sewer and street improvements for their front street and nearest side street.
There were no other comments filed, written or oral, so the Acting
Mayor declared the public hearing closed.
Moved by Commissioner Divine, seconded by Commissioner Maxwell
that the feasibility report be conditionally approved until more information is
received, and that Resolution Number 93-4663, determining the advisability of
certain curbing, guttering, paving, grading, storm water drainage, lateral
sanitary sewer and water main and service improvements in Georgetown Addition
and Replat of Blocks 4, 10, 11, 12, Georgetown 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: (4) . Nay: (0) . Motion adopted.
Greg Bengtson, City Attorney, explained that the process for these
improvements is different because the City initiated the project.
(5.3) Public Hearing as required by Resolution Number 93-4660 on Petition
Number 4069, filed by Lawrence Triplett, for the vacation of the drainage
easement located on the west 60' of the east 110' of Lot 2, Triplett II Addition
to the City of Salina, Saline County, Kansas.
(5.3a) Open the public hearing.
(5.3b) Continue the public hearing to some definite future date.
Shawn O'Leary, Assistant Director of Engineering and Utilities, said
staff recommends the public hearing be continued until January 3, 1994.
Acting Mayor Warner declared the public hearing open.
Commissioner Maxwell said she talked with the Manager of the
Lakewood Apartments who said there have been some problems with flooding in
this area.
Moved by Commissioner Maxwell, seconded by Commissioner Divine
that the Public Hearing for the vacation of the drainage easement located on the
west 60' of the east 110' of Lot 2, Triplett II Addition to the City of Salina,
Saline County, Kansas, be continued until January 3, 1994. Aye: (4) . Nay:
(0). Motion adopted.
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(5.4) Public Hearing on Conditional Use Application 93-5, filed by Ben
Frick.
Dennis M. Kissinger, City Manager, said information was requested
from the applicant but has not been received. He said the Commissioners may
want to consider continuing the public hearing to some future date.
Ben Frick, the applicant, said his original application contained all
the information requested by city staff. He presented an architect's rendition
of the commercial building for the City Commissioners review. He said he is
working to meet a January 17th deadline to fulfill his contract with the
Resolution Trust Corporation.
Commissioner Maxwell said she has a list of concerns and
recommended this application be sent back to the City Planning Commission to
reconsider as a Planned Development District.
Dennis M. Kissinger, City Manager, reviewed the City Commission's
options.
Acting Mayor Warner declared the public hearing open.
Yvonne Larson, 632 South Twelfth, said this is a good project and
asked the Commissioners and Mr. Frick to work together on this.
Frank Norton, 215 South Santa Fe, representing the Board of
Directors of Salina Downtown Inc., said the Board would have liked to seen the
property used as a motel, but will work with Mr. Frick and the City in any
way to make this a viable project.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the public hearing on the appeal of the City Planning Commission's denial of
Conditional Use Application 93-5, filed by Ben Frick, be continued until
January 3, 1994. Aye: (4) . Nay: (0) . Motion adopted.
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting November 22, 1993.
(6.2) Petition Number 4072 was filed by Robert Trembly for street and
utility improvements in Brown and Brown Addition. (Refer to the City
Engineer for a report on its validity)
(6.3)
Petition Number 4073
was filed by
Don Morris, president of Presley
Builders
for street and utility
improvements
in Country Club Estates Addition
Number
4. (Refer to the City
Engineer for a
report on its validity)
(6.4) Petition Number 4074 was filed by Dan Meinhardt, President of Golden
Eagle Estates, Inc. for street and utility improvements in Golden Eagle Estates
Addition. (Refer to the City Engineer for a report on its validity)
(6.5) Set the date of December 28, 1993 to receive bids on 3 1994 4 -door
sedan police patrol vehicles, 1 3/4 ton conversion van to be used as a police
breath alcohol test vehicle, and 4 in -car mobile camera/video recording systems.
Moved by Commissioner Maxwell, seconded by Commissioner Divine
that all items on the Consent Agenda be approved. Aye: (4). Nay: (0).
Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Zoning
Application 93-10, filed by the Salina City Planning Commission, for the
rezoning of Block 1 and Lots 1 through 10, and Lots 12, 14, 16, 18 and West
20' of Lot 20, Block 2, Hanson Court Addition from District C-5 (Service
Commercial) to District C-3 (Shopping Center), be approved. (First Reading
Ordinance Number 93-9610)
Roy Dudark, Director of Planning and Community Development,
reviewed the application and recommendation of the City Planning Commission.
Commission
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Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that the recommendation from the City Planning Commission be accepted, that
Zoning Application 93-10 be approved, and that Ordinance Number 93-9610,
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: (0). Motion adopted.
(7.2) Recommendation from the City Planning Commission that Zoning
Application 93-13, filed by First Bank Kansas, for the rezoning of the East 200'
of a 5.2 acre tract on the west side of Ninth Street between Sullivan Drive and
Wal-Mart Subdivision, from District A-1, Agricultural to PC -5 Planned Service
Commercial, be approved. (First Reading Ordinance Number 93-9611)
Acting Mayor Warner said he will abstain from discussion and vote on
this item as he has a personal interest in it.
Roy Dudark, Director of Planning and Community Development,
reviewed the application and recommendation of the City Planning Commission.
The Commissioners and staff discussed the landscaping requirements
of the proposed development and the requirements outlined in the
Comprehensive Plan.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the recommendation from the City Planning Commission be accepted, that Zoning
Application 93-13, be approved, and that Ordinance Number 93-9611, 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: (3) . Nay:
(0) . Acting Mayor Warner abstained. Motion adopted.
(7.3) Consider approval of policy guidelines for the administration of the
Housing Rehabilitation and Home Ownership Assistance Programs.
Roy Dudark, Director of Planning and Community Development,
reviewed the administrative guidelines proposed in order to administer these
programs funded by a $300,000 Community Development Block Grant.
The Commissioners and staff discussed the eligibility requirements for
the Home Ownership Assistance Program.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the Housing Rehabilitation Program and Home Ownership Assistance Program
policy guidelines be adopted. Aye: (4). Nay: (0). Motion adopted.
Deane Webb, 1216 East Minneapolis Avenue, said she would like to see
more interest created so that four people could get a 5% downpayment, instead
of one person getting 20% down payment.
Acting Mayor Warner declared a 10 minute recess. The Commissioners
recessed at 6:02 p.m. and reconvened at 6:12 p.m.
ADMINISTRATION
(8.1) Report from George K. Baum and Company, Financial Advisor to the
City, on proposed refunding of combined water and sewerage system revenue
bonds.
Robert K. Biles, Director of Finance and Administration, reviewed the
City Commissioners' options and introduced Roger Edgar, Financial Advisor with
George K. Baum and Company.
Roger Edgar, George K. Baum and Company, said that because of
dramatic drop in interest rates, the City can realize a $371,000 to $439,000
savings by refinancing the callable portion of the Water and Sewage Refunding
Revenue Bonds issued eighteen months ago.
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The Commissioners and staff discussed the advantages and
disadvantages of refinancing or pre -paying the bonds.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
George K. Baum and Company be granted permission to pre -offer bonds and
deem the Preliminary Official Statement in final form. Aye: (4) . Nay: (0) .
Motion adopted.
(8.2) First Reading Ordinance Number 93-9612, amending Sections 41-6,
41-7, 41-22, 41-26, 41-28, 41-71.1, 41-88, 41-93, 41-96, 41-97 of the Salina
Code regarding water and wastewater service in the City of Salina, and
repealing the existing sections 41-6, 41-7, 41-22, 41-26, 41-28, 41-35, 41-53,
41-54, 41-55, 41-56, 41-57, 41-71.1, 41-88, 41-89, 41-93, 41-96, 41-97.
Robert K. Biles, Director of Finance and Administration, reviewed the
proposed changes recommended by the Water Customer Service Task Force and
staff.
Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that Ordinance Number 93-9612, amending Sections 41-6, 41-7, 41-22, 41-26,
41-28, 41-71.1, 41-88, 41-93, 41-96, 41-97 of the Salina Code regarding water
and wastewater service in the City of Salina, and repealing the existing
sections 41-6, 41-7, 41-22, 41-26, 41-28, 41-35, 41-53, 41-54, 41-55, 41-56,
41-57, 41-71.1, 41-88, 41-89, 41-93, 41-96, 41-97, be introduced for first
reading. Aye: (4) . Nay: (0) . Motion adopted.
(8.3) Approve the 1994 Parks and Recreation Capital Improvement Program
Steve Snyder, Director of Parks and Recreation, reviewed the six
projects included in the Capital Improvement Program.
Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that the 1994 Parks and Recreation Capital Improvement Program be approved.
Aye: (4). Nay: (0). Motion adopted.
(8.4) Report on bids received December 7, 1993 for Engineering Project
93-888, 1993 Sidewalk Ramp Improvements. (Reject the bid as it exceeded the
Engineer estimate and set the date of January 4, 1994 to receive bids)
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the project and recommended the bid be rejected as it exceeded the
Engineer's estimate. He recommended that a date be set after the first of the
year to rebid the project.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
the bid received for the 1993 Sidewalk Improvements, Engineering Project
93-888, be rejected and that staff be instructed to come back with a date to
date to receive bids on the project at a later date. Aye: (4) . Nay: (0) .
Motion adopted.
(8.5) Report on bids received December 7, 1993 for the sale of Stimmel
Cottage on Lot 2, Block 1, Stimmel School Addition
received.
Steve Snyder, Director of Parks and Recreation, reviewed the bid
93-491 Moved by Commissioner Divine, seconded by Commissioner Beggs that
the staff recommendation be accepted and that the bid from Kenneth Mattison
for $1,150 to purchase Lot 2, Block 1, Stimmel School Addition, be accepted.
Aye: (4). Nay: (0). Motion adopted.
(8.6) Report on bids received December 7, 1993 for the sale of two tracts
in Elmdale Addition.
Robert K. Biles, Director of Finance and Administration, reviewed the
bid received.
commission
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Moved by Commissioner Beggs, seconded by Commissioner Divine that
the staff recommendation be accepted and that the bid from Gary Wooster for
$3,505 to purchase the Elmdale Addition property be accepted. Aye: Beggs,
Divine, Warner. (3) . Nay: Maxwell. (1) . Motion adopted.
(8.7) Approve Change Order #3 and #4, Water Distribution Warehouse,
Engineering Project 93-876. (#3 in the net amount of $3.00 and #4 in the net
amount of 331.00)
Don Hoff, Director of Engineering and Utilities, reviewed the change
orders.
Moved by Commissioner Beggs, seconded by Commissioner Divine that
Change Order #3 in the net amount of $3.00 and Change Order #4 in the
amount of $331.00 for Engineering Project 93-873, Water Distribution Warehouse,
be approved. Aye: (4). Nay: (0). Motion adopted.
(8.8) Approve Change Order Number 1 for Engineering Project 93-873A, for
street improvements in Laurie and Tasker Subdivisions, in the amount of
$10,746.00.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the project and the change order.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Change Order Number 1 for Engineering Project 93-873A, for utility
improvements in Laurie and Tasker Subdivisions, in the amount of $10,746.00,
be approved. Aye: (4) . Nay: (0) . Motion adopted.
(8.9) Approve Change Order Number 1 for Engineering Project 93-873B,
utility improvements in Laurie and Tasker Subdivisions, in the amount of
$15,096.20.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the change order.
Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Change Order Number 1 for Engineering Project 93-873B, utility
improvements in Laurie and Tasker Subdivisions, in the amount of $15,096.20,
be approved. Aye: (4). Nay: (0). Motion adopted.
(8.10) Resolution Number 93-4664, authorizing the Mayor to execute an
Agreement between the City of Salina, Kansas and Appleby & Marsh Architects,
P.A. for architectural services related to the renovation of 14 well houses in an
amount not to exceed $7,700.
Don Hoff, Director of Engineering and Utilities, reviewed the project
and the agreement for architectural services.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 93-4664, authorizing the Mayor to execute an Agreement
between the City of Salina, Kansas and Appleby & Marsh Architects, P.A. for
architectural services related to the renovation of 14 well houses in an amount
not to exceed $7,700, be adopted. Aye: (4). Nay: (0). Motion adopted.
OTHER BUSINESS
Commissioner Maxwell stated that she did not vote in the affirmative
on Item 7.2 because she is concerned with some safety issues related to the
sidewalk.
Dennis M. Kissinger, City Manager, asked if it was acceptable to her
to have a conditional affirmative vote and acknowledge her concern in order to
get the item on the table and go on to second reading next week.
Commissioner Maxwell gave her concurrence.
Acting Mayor Warner congratulated Commissioner Divine on his
election to the National League of Cities Board of Directors.
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Commissioner Maxwell congratulated Keith Rawlings, Risk Manager, on
his election as vice president/president-elect of the Kansas Chapter of Public
Risk Management Association.
Post. Commissioner Maxwell commented on the new Fire Department Explorer
ADJOURNMENT
Moved by Commissioner Beggs, seconded by Commissioner Divine that
the Regular Meeting of the Board of Commissioners be adjourned. Aye: (4).
Nay: (0) . Motion adopted. The meeting adjourned at 7:15 p.m.
0'e& �� gq'�
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
Jacquiline Shiever, CMC/AAE
City Clerk