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12-13-1993 MinutesCommission Kahn -Cox Pr�linc�2 Dalina, Kansa 93-479 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 Kunn C, PY g—Sal aC. - � yy — —.. �]2f'fLCCYi 93-480 93-481 (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. Commi s Sinn _ KI -C- PAI,eg tTair„a Kays —Fi�!—Ti—f-Y' —. 93-482 93-483 (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 Kuhn -Cor Pr� iZ G line. Kansa 93-484 93-485 93-486 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. Commissin Kuh��-Gox Pr�ling -Galina. Kansa IAr'R 93-487 93-489 93-490 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 Hunn-Cox Prating +ralina. Kanw -- 93-492 93-493 93-494 93-495 93-496 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. r'nmmicSion KUM1n-Cox�ng — gam L1sab, -- _, 71' 93-497 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