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06-07-1993 MinutesCITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS JUNE 7, 1993 4:00 p.m. The Regular Meeting of the Board of Commissioners met in the Commission Meeting Room, City -County Building, on Monday, June 7, 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 CONSENT AGENDA (6.1) Approve the Minutes of the Regular Meeting May 24, 1993. (6.2) Petition Number 4060, filed by Bill Medina requesting vacation of the utility easement located on the West 17.5' of the vacated Michigan Avenue from Iron Avenue to Stapler Avenue. (6.2a) Resolution Number 93-4600, directing public notice of application for vacation of the utility easement located on the west 17.5' of the vacated Michigan Avenue, from the south line of Iron Avenue to the north line of Stapler Avenue, in the City of Salina, Saline County, Kansas. ( Set the date of June 21, 1993 as the date for public hearing.) (6.3) Petition Number 4061, filed by Dean Barnum, Director of Facilities for K -State - Salina, requesting the vacation of Crompton Avenue from the west line of Centennial Road to the east line of Scanlan Avenue; and for the vacation of Scanlan Avenue from the north line of Hayes Road to the south line of Crompton Avenue, in the Schilling Subdivision of the City of Salina, Saline County, Kansas. (6.3a) Resolution Number 93-4601, directing public notice of application for vacation of a portion of Scanlan Avenue and a portion of Crompton Avenue in the Schilling Subdivision of the City of Salina, Saline County, Kansas. ( Set the date of June 21, 1993 as the date for public hearing.) (6.4) Resolution Number 93-4602, relating to state and federal aid for the improvement of rural state highway system near the City. (Replacement of Bridge 101 over the Saline River on K143) Commissioner Maxwell asked that the Minutes of the May 24th meeting be corrected to reflect that the vote on Commission Action #93-205 was Aye: Beggs, Divine, Warner, Brungardt. (4). Nay: Maxwell. (1); and that Item 8.6, Salvation Army Grant Request, show that City Attorney, Greg Bengtson, was asked to explain the ability of the City to give a grant to a religious body and that he explained the grant was for public use, not religious purposes. She also asked that the motion for Commission Action #93-215 include that the public use of the alley is to be administered by the Salvation Army. 93-219 Moved by Commissioner Divine, seconded by Commissioner Warner that all items on the Consent Agenda be approved with corrections. Aye: (5). Nay: (0). Motion adopted. •u.� • • 93-220 — 93-221 93-222 93-223 DEVELOPMENT BUSINESS (7.1) Recommendation from the City Planning Commission that Planned Development District Application 93-4/4A, filed by William Chaffee, for the rezoning of Lots 1-10, Block 8 in Georgetown Addition, be approved. (Introduce Ordinance Number 93-9572 for first reading) Roy Dudark, Director of Planning and Community Development, reviewed the application and City Planning Commission recommendation. Moved by Commissioner Beggs, seconded by Commissioner Divine that the recommendation from the City Planning Commission be accepted, that Planned Development District Application 93-4/4A, filed by William Chaffee, for the rezoning of Lots 1-10, Block 8 in Georgetown Addition, be approved, and that Ordinance Number 93-9572, 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 repealing Ordinance Number 8505, be introduced for first reading. Aye: (5). Nay: (0). Motion adopted. ADMINISTRATION (8.1) Second Reading Ordinance Number 93-9569, providing for the vacation of a portion of the platted frontage road in the Replat of Blocks Four (4) and Five (5) and part of Block Three (3), Schippel Addition to the City of Salina, Saline County, Kansas. The Commissioners and staff discussed access to this property via Albert and the traffic congestion at the intersection of Albert and Ohio, particularly during the noon hour. George Johnson, representing Dan King, the petitioner and owner of the property, said they will have signs installed indicating the entrance and exit to help alleviate congestion. Moved by Commissioner Warner, seconded by Commissioner Divine that Ordinance Number 93-9569, providing for the vacation of a portion of the platted frontage road in the Replat of Blocks Four (4) and Five (5) and part of Block Three (3) , Schippel Addition to the City of Salina, Saline County, Kansas, be adopted. Aye: Beggs, Divine, Warner, Brungardt. (4). Nay: (0). Abstain: Maxwell. (1). Motion adopted. (8.2) Second Reading Ordinance Number 93-9571, enacting Article II, Division 4 of Chapter 41 of the Salina Code regulating cross connections between the public water supply of the City of Salina and any other water or any substance of questionable or unknown quality, or any substance which would tend to degrade the public water supply. Moved by Commissioner Divine, seconded by Commissioner Beggs that Ordinance Number 93-9571, enacting Article II, Division 4 of Chapter 41 of the Salina Code regulating cross connections between the public water supply of the City of Salina and any other water or any substance of questionable or unknown quality, or any substance which would tend to degrade the public water supply, be adopted. Aye: Beggs, Divine, Maxwell, Warner, Brungardt. (5) . Nay: (0) . Motion adopted. (8.3) Resolution Number 93-4603, authorizing the public sale of $3,200,000 principal amount of Combined Water and Sewage System Improvement Revenue Bonds, Series 1993, of the City of Salina, Kansas. (Set the date of June 28, 1993 at 2:00 p.m. to receive bids.) Robert K. Biles, Director of Finance and Administration, reviewed the scope of the resolution and improvements covered under the bond issue. He said this will probably be the last bond issue for this project. Moved by Commissioner Maxwell, seconded by Commissioner Warner that Resolution Number 93-4603, authorizing the public sale of $3,200,000 principal amount of Combined Water and Sewage System Improvement Revenue Bonds, Series 1993, of the City of Salina, Kansas, be adopted, and that 2:00 p.m. Monday, June 28, 1993 be set to receive bids on the bonds. Aye: (5). Nay: (0) . Motion adopted. 93-224 93-225 93-226 93-227 93-228 (8.4) Resolution Number 93-4604, providing for the rates, fees or charges for the use of the water and sewerage system and services rendered by the combined water and sewerage department of the City of Salina, Kansas; and repealing Resolution Number 92-4474. Robert K. Biles, Director of Finance and Administration, reviewed the proposed rates and the city's obligations to meet bond covenants. Dennis M. Kissinger, City Manager, explained that the rate structure is a staged approach to gradually raise the user fees to complete the federally mandated upgrade of the facility. He said the Environmental Protection Agency requires that $63,000 be set aside annually for improvements that may be required in the future. Moved by Commissioner Warner, seconded by Commissioner Beggs that Resolution Number 93-4604, providing for the rates, fees or charges for the use of the water and sewerage system and services rendered by the combined water and sewerage department of the City of Salina, Kansas; and repealing Resolution Number 92-4474, be adopted. Aye: (5). Nay: (0). Motion adopted. (8.5) City Engineer files amended plans and specifications for Engineering Project 93-873, for street and utility improvements in Laurie and Tasker Additions. (Set the date of June 22, 1993 to receive bids) Shawn O'Leary, Assistant Director of Engineering and Utilities, said amendments were made to the original plans and specifications on this project and it is necessary to set a new date to receive bids. Moved by Commissioner Divine, seconded by Commissioner Maxwell that the amended plans and specifications for Engineering Project 93-873, for street and utility improvements in Laurie and Tasker Additions be accepted and that June 22, 1993 be set as the date to receive bids. Aye: (5) . Nay: (0) . Motion adopted. (8.6) Resolution Number 93-4605, authorizing the City Manager to enter into negotiations with member counties of the North Central Regional Planning Commission toward interlocal agreements for the acceptance of solid waste for disposal in the Salina landfill. Dennis M. Kissinger, City Manager, reviewed the scope of the resolution. The Commissioners and staff discussed the ramifications of accepting solid waste from the North Central Regional Planning area for disposal in the Salina landfill. Moved by Commissioner Maxwell, seconded by Commissioner Beggs that Resolution Number 93-4605, authorizing the City Manager to enter into negotiations with member counties of the North Central Regional Planning Commission toward interlocal agreements for the acceptance of solid waste for disposal in the Salina landfill, be adopted. Aye: (5). Nay: (0). Motion adopted. Moved by Commissioner Warner, seconded by Commissioner Beggs that a KDOT change order for the Schilling Interchange project be added to the agenda for consideration at this time. Aye: (5) . Nay: (0) . Motion adopted. Shawn O'Leary, Assistant Director of Engineering and Utilities, said a letter was received from the state requesting $12,679.20 as the City's share to stabilize the asphalt at the Schilling/I-135 interchange off ramps. He said the subgrade material is saturated from the recent rains and additional funds are necessary to proceed with the project. Moved by Commissioner Divine, seconded by Commissioner Warner that the staff recommendation be accepted and that the City concur with the state's work order change. Aye: (5). Nay: (0). Motion adopted. Cox 93-229 93-230 93-231 (8.7) Request for Executive Session to discuss zoning issue with City Attorney. Moved by Commissioner Maxwell, seconded by Commissioner Divine that the Board of Commissioners recess into executive session for 30 minutes for the purpose of discussing a matter deemed subject to the attorney-client priviledge, particulary the quasi-judicial nature of Commission activities regarding zoning cases. Aye: (5) . Nay: (0) . Motion adopted. The Board of Commissioners recessed at 4:56 p.m. and reconvened at 5:29 p.m. r Moved by Commissioner Maxwell, seconded by Commissioner Divine that the Board of Commissioners recess into executive session for an additional I.0 minutes to continue discussion of the original matter. Aye: (5) . Nay: (0) . Motion adopted. The Board of Commissioners recessed at 5:30 p.m. and reconvened at 5:45 p.m. The Commissioners took no action. None OTHER BUSINESS ADJOURNMENT 0 Moved by Commissioner Divine, seconded by Commissioner Warner, that the Regular Meeting of the Board of Commissioners be adjourned. Aye: (5) . Nay: (0) . Motion adopted. The meeting adjourned at 5:46 p.m. Peter F. Brungardt, Mayor [SEAL] ATTEST: JJ °�'� u�� Jacqueline Shiever, CMC City Clerk