06-28-1993 MinutesCommission
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE
JUNE 28, 1993
4:00 p.m.
BOARD OF COMMISSIONERS
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, June 28, 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
Michael Morgan, Assistant City Manager
Jacqueline Shiever, City Clerk
Dennis M. Kissinger, City Manager
CITIZEN FORUM
Andy Martin, representing the American Red Cross, introduced John
Degand, Disaster Chairman of the North Central Chapter of the American Red
Cross. Mr. Degand said the agency has been providing disaster relief for
many local citizens because of the recent flooding and asked the Commission to
adopt a Proclamation urging all citizens and agencies to make contributions in
the form of time and money.
Moved by Commissioner Warner, seconded by Commissioner Maxwell
that the Proclamation as presented by the American Red Cross, be adopted.
Aye: (5). Nay: (0). Motion adopted.
AWARDS - PROCLAMATIONS
(4.1) Resolution Number 93-4608, expressing gratitude and appreciation to
George A. Pauls, Jr. for serving as Laborer, Foreman of the Sewage
Maintenance Crew and Wastewater Superintendent for the Water and Wastewater
Department of the City of Salina, Kansas, from April 16, 1958 to June 30,
1993.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 93-4608, expressing gratitude and appreciation to George A.
Pauls, Jr. for serving as Laborer, Foreman of the Sewage Maintenance Crew
and Wastewater Superintendent for the Water and Wastewater Department of the
City of Salina, Kansas, from April 16, 1958 to June 30, 1993, be adopted.
Aye: (5) . Nay: (0) . Motion adopted.
(4.2) Resolution Number 93-4609, expressing gratitude and appreciation to
Alfred E. Hustus for serving as Laborer, Garage Mechanic and Shop Supervisor
for the Department of General Services of the City of Salina, Kansas, from
April 1, 1959 to June 30, 1993.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Resolution Number 93-4609, expressing gratitude and appreciation to Alfred E.
Hustus for serving as Laborer, Garage Mechanic and Shop Supervisor for the
Department of General Services of the City of Salina, Kansas, from April 1,
1959 to June 30, 1993, be adopted. Aye: (5). Nay: (0). Motion adopted.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Report on bids received at 2 p.m. for Water and Sewerage System
Revenue Bonds, Series 1993A in the amount of $3,200,000.
Commission
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Robert K. Biles, Director of Finance and Administration, reviewed the
bids received. He recommended the contract be awarded to Lehman Brothers of
Omaha for an average annual interest rate of 5.23%.
Roger Edgar, George K. Baum & Company, the City's financial
advisors, said five bids were received and that the City's A rating from
Moody's was instrumental in the favorable interest rates. He said this should
be the last bond issue for the Wastewater Treatment Plant and Interceptor
Sewer projects.
Moved by Commissioner Maxwell, seconded by Commissioner Divine
that the staff recommendation be accepted and that the contract for Water and
Sewerage System Revenue Bonds, Series 1993A in the amount of $3,200,000, be
awarded to Lehman Brothers for a total interest cost of $2,087,331.88 and an
average annual interest rate of 5.2300%. Aye: (5) . Nay: (0) . Motion adopted.
(5.2) First Reading Ordinance Number 93-9579, authorizing and directing
the issuance of $3,200,000 principal amount of Water and Sewerage System
Improvement Revenue Bonds, Series 1993A.
Robert K. Biles, Director of Finance and Administration, reviewed the
Ordinance.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 93-9579, authorizing and directing the issuance of $3,200,000
principal amount of Water and Sewerage System Improvement Revenue Bonds,
Series 1993A, be introduced for first reading. Aye: (5) . Nay: (0) . Motion
adopted.
(5.3) Move to remove from the table, and continue the public hearing of
the request to vacate the west 15' of the utility easement located on the West
17.5' of the vacated Michigan Avenue from Iron Avenue to Stapler Avenue,
tabled June 21, 1993. (Requested in Petition Number 4060 filed by Bill Medina).
(5.3a) First Reading Ordinance 93-9576, providing for the vacation of
the west 15' 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.
Moved by Commissioner Divine, seconded by Commissioner Maxwell
that consideration of the request to vacate the west 15' of the utility easement
located on the West 17.5' of. the vacated Michigan Avenue from Iron Avenue to
Stapler Avenue, be removed from the table and that the public hearing be
continued. Aye: (5). Nay: (0). Motion adopted.
Shawn O'Leary, Assistant Director of Engineering and Utilities, said
no city utilities are located in this easement and that KPL and Cable Television
have agreed to the removal of the guy wires on the utility poles.
Commissioner Divine asked that adjacent property owners be notified
of the pending vacation before second reading.
Shawn O'Leary said property owners were notified when the petition
was submitted.
Commissioner Maxwell asked that the description of the property to be
vacated be clarified before second reading.
Pat Neustrom, representing Bill Medina, the petitioner, said they
have talked to adjacent property owners and this vacation is an attempt to
clarify property lines and deeds from previous vacations.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the staff recommendation be accepted and that Ordinance 93-9576, providing for
the vacation of the west 15' 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, on the
condition that KPL and Cable Television companies relocate the existing pole
guy wires, be introduced for first reading. Aye: (5) . Nay: (0) . Motion
adopted.
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CONSENT AGENDA
(6.1)
Approve
the
Minutes
of
the
Regular
Meeting
June
14,
1993.
(6.2)
Approve
the
Minutes
of
the
Regular
Meeting
June
21,
1993.
(6.3) Set the date of August 3, 1993 to receive bids for General Services
Project 93-2, the Fall 1993 Street Marking Project.
(6.4) Set the date of July 27, 1993 to receive bids on Engineering Project
93-860, the Magnolia Water Distribution System Improvements.
(6.5) Petition Number 4064, filed by The Summit Group of Salina, Kansas,
a Kansas Limited Partnership, for the vacation of a portion of Shady Bend
Drive. (Refer the petition to the City Engineer for a report) .
Commissioner Maxwell
asked that
the minutes of the June 14,
1993
meeting be amended to reflect that
under Item 7.2, PDD Application
93-5,
filed
by Don Allison, she requested Mr. Dudark,
Director of Planning and
Community
Development, to do everything
possible to
save a particular tree.
She
also
asked that the minutes of the
June 21, 1993 meeting reflect that
under
Item
8.3, Kennedy and Coe's opinion
on the 1992
audit was given as unqualified.
Moved by Commissioner Maxwell, seconded by Commissioner Divine
that all items on the Consent Agenda be approved, as amended. Aye: (5).
Nay: (0). Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission that Planned
Development District Application #93-6, filed by Golden Eagle Estates, Inc., for
the approval of the preliminary plat and development plan and for the rezoning
of a 39.3 acre unplatted tract from Saline County (AG) Agricultural District
to (PDD) Planned Development District to allow a residential subdivision, be
approved. ( Introduce Ordinance 93-9580 for first reading.)
(7. la) Introduce Ordinance Number 93-9580, 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, for first reading.
Roy Dudark, Director of Planning and Community Development,
reviewed the recommendation of the City Planning Commission and the 9
conditions for approval.
The Commissioners and staff discussed making Huntington Road
one-way on each side of the drainage ditch.
William Longbine, 2212 Huntington Road, said he feels the one-way
street situation for Huntington Road will be confusing. He asked that the City
do a better job of maintaining the drainage ditch.
Don Ziegler, 2266 Huntington Road, said the drainage ditch crossing
on Sherwood at Nottingham, is a concern to him for school children.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the recommendation of the City Planning Commission be accepted, that Planned
Development District Application #93-6 be approved, and that Ordinance Number
93-9580, 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 (5). Nay: (0). Motion adopted.
Moved by Commissioner
Warner, seconded by Commissioner
Beggs that
Huntington Road on the west side
of the drainage canal be
made one-way south
from Sherwood Lane to Magnolia
and Huntington Road on
the east
side of the
drainage canal be made one-way
north for the same section
and that
Huntington
from Sherwood to Wayne remain
two-way until the eastern
portion
is extended
to Wayne. Aye: (5). Nay: (0).
Motion adopted.
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(7.2) Recommendation from the City Planning Commission that Annexation
Application #93-2, filed by Golden Eagle Estates, Inc., requesting annexation of
a 39.3 acre tract of land located north of Magnolia Road and east of the Mayfair
Addition in Saline County, Kansas, be approved.
(7.2a) Introduce Ordinance Number 93-9581, providing for the
annexation of certain land in the East 1/2 of the SW/4 of Section 30,
Township 14 South, Range 3 West of the 6th Principal Meridian in Saline
County, Kansas, 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 of the City Planning Commission be accepted, that
Annexation Application #93-2, be approved, and that Ordinance Number
93-9581, providing for the annexation of certain land in the East 1/2 of the
SW/4 of Section 30, Township 14 South, Range 3 West of the 6th Principal
Meridian in Saline County, Kansas, be introduced for first reading. Aye:
(5). Nay: (0). Motion adopted.
(7.3) Recommendation from the City Planning Commission that Planned
Development District Application #79-4E, filed by Terry Oard, for the approval
of amended preliminary and final development plan for Tract #10, Centennial
Commerce Center PDD to allow construction of a second building and to allow
auto body repair in an I-1 (Industrial Park) District, be approved.
(7.3a) Introduce Ordinance Number 93-9582, 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, for first reading.
Roy Dudark, Director of Planning and Community Development, said
this is an existing planned development district and the applicant wishes to
amend it to allow construction of a second building.
Moved by Commissioner Beggs, seconded by Commissioner Maxwell
that the recommendation of the City Planning Commission be accepted, that
Planned Development District Application #79-4E, be approved, and that
Ordinance Number 93-9582, 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: (5). Nay: (0). Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance 93-9577, providing for the vacation of 60'
of right-of-way on Crompton Road from the west line of Centennial Road to the
east line of Scanlan Avenue; and providing for the vacation of 100' of
right-of-way on Scanlan Avenue from the north line of Hayes Road to the south
line of Crompton Road, in the Schilling Subdivision of the City of Salina, Saline
County, Kansas.
Commissioner Maxwell expressed her concern for closing the east/west
street through the campus.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Ordinance Number 93-9577, providing for the vacation of 60' of right-of-way on
Crompton Road from the west line of Centennial Road to the east line of Scanlan
Avenue; and providing for the vacation of 100' of right-of-way on Scanlan
Avenue from the north line of Hayes Road to the south line of Crompton Road,
in the Schilling Subdivision of the City of Salina, Saline County, Kansas, be
adopted. Aye: Beggs, Divine, Warner, Brungardt. (4). Nay: Maxwell (1).
Motion adopted.
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(8.2) Second Reading Ordinance Number 93-9578, regulating traffic within
the corporate limits of the City of Salina, Kansas; incorporating by reference
the "Standard Traffic Ordinance for Kansas Cities," edition of 1992; and
repealing the existing Section 38-1 of the Salina Code.
93-261 Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 93-9578, regulating traffic within the corporate limits of the
City of Salina, Kansas; incorporating by reference the "Standard Traffic
Ordinance for Kansas Cities," edition of 1992; and repealing the existing
Section 38-1 of the Salina Code, be adopted. Aye: Beggs, Divine, Maxwell,
Warner, Brungardt. (5) . Nay: (0) . Motion adopted.
(8.3) First Reading Ordinance Number 93-9583, amending Section 27-16 of
the Salina Code, regarding closing hours of certain parks and repealing the
existing section. (This ordinance adds Centennial Park to the list of parks
with a curfew.)
Steve Snyder, Director of Parks and Recreation, said that recent
vandalism in Centennial Park has prompted this request for action and that this
amended section of the Salina Code will give the Police Department authority to
control the vandalism.
93-262 Moved by Commissioner Beggs, seconded by Commissioner Divine that
Ordinance Number 93-9583, amending Section 27-16 of the Salina Code,
regarding closing hours of certain parks and repealing the existing section, be
introduced for first reading. Aye: (5). Nay: (0). Motion adopted.
(8.4) Resolution Number 93-4610, opposing the adoption of unfunded
mandates by the United States Congress and Kansas Legislature.
Commissioner Divine asked that copies of this resolution also be sent
to the Kansas League of Cities and the U.S. League of Cities.
93-263 Moved by Commissioner Maxwell, seconded by Commissioner Warner
that Resolution Number 93-4610, opposing the adoption of unfunded mandates
by the United States Congress and Kansas Legislature, be adopted. Aye:
(5) . Nay: (0) . Motion adopted.
(8.5) Resolution Number 93-4611, authorizing the Director of Utilities to
execute a Water and Sanitary Sewer Connection Agreement and Consent to
Future Annexation between the City of Salina, Kansas and Melvin A. Bergkamp
and Marjorie A. Bergkamp as trustees of the Melvin A. Bergkamp Trust.
Don Hoff, Director of Engineering and Utilities, reviewed the
agreement with a corporation outside the city limits which is requesting
permission to hook on to city utility services.
Commissioner Divine asked that maps be attached to the Commission
Action forms in the future.
93-264 Moved by Commissioner Warner, seconded by Commissioner Maxwell
that Resolution Number 93-4611, authorizing the Director of Utilities to execute
a Water and Sanitary Sewer Connection Agreement and Consent to Future
Annexation between the City of Salina, Kansas and Melvin A. Bergkamp and
Marjorie A. Bergkamp as trustees of the Melvin A. Bergkamp Trust, be
adopted. Aye: (5). Nay: (0). Motion adopted.
(8.6) Resolution Number 93-4614, authorizing the designation of Johnstown
Avenue as a through street at its intersection with Penn Avenue; and
authorizing the installation and marking of both sides of Penn Avenue with
"Stop" signs at its intersection with Johnstown Avenue.
Shawn O'Leary, Assistant Director of Engineering and Utilities, said
this stop sign was requested by citizens in the area of St. John's Hospital and
is consistent with the Standard Traffic Ordinance.
93-265 Moved by Commissioner Beggs, seconded by Commissioner Divine that
Resolution Number 93-4614, authorizing the designation of Johnstown Avenue as
a through street at its intersection with Penn Avenue; and authorizing the
installation and marking of both sides of Penn Avenue with "Stop" signs at its
intersection with Johnstown Avenue, be adopted. Aye: (5) . Nay: (0) . Motion
adopted.
(8.7) Resolution Number 93-4613, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas and
Payless Cashways Building Materials concerning the implementation of a utility
company bill payment drop box system at the Payless Cashways store located in
Salina, Kansas.
Robert K. Biles, Director of Finance and Administration, asked that
this item be postponed for two weeks.
93-266 Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution Number 93-4613, authorizing the Mayor to execute and the City
Clerk to attest an agreement between the City of Salina, Kansas and Payless
Cashways Building Materials concerning the implementation of a utility company
bill payment drop box system at the Payless Cashways store located in Salina,
Kansas, be postponed for two weeks. Aye: (5). Nay: (0). Motion adopted.
(8.8) Resolution Number 93-4612, authorizing the Mayor to execute a license
agreement between the City of Salina, Kansas and the Kansas Army National
Guard to allow placement of communication cable in the public right-of-way.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the agreement.
93-267 Moved by Commissioner Maxwell, seconded by Commissioner Beggs
that Resolution Number 93-4612, authorizing the Mayor to execute a license
agreement between the City of Salina, Kansas and the Kansas Army National
Guard to allow placement of communication cable in the public right-of-way, be
amended by the addition of Section 3 to provide that no fee is being charged
under this agreement, and adopted as amended. Aye: (5) . Nay: (0) . Motion
adopted.
(8.9) Approval of Change Order No. 1 to Camp, Dresser and McKee, Inc.'s
Groundwater Monitoring and Hydrogeologic Contract.
Frank Weinhold, Director of General Services, reviewed the change
order.
The Commissioners and staff discussed the City's original contract
with Camp Dresser & McKee and this change order.
93-268 Moved by Commissioner Maxwell that the Change Order be approved
for $38,038, as bid, (less the 15% contingency) and that depending upon
Counsel's understanding of the contract, that the change order be approved for
not to exceed $43,795.
The motion died for lack of a second.
93-269 Moved by Commissioner Warner, seconded by Commissioner Divine that
Change Order No. 1 to Camp, Dresser and McKee, Inc.'s Groundwater
Monitoring and Hydrogeologic Contract, be approved as recommended by staff.
Aye: (5) . Nay: (0) . Motion adopted.
Greg Bengtson, City Attorney, assured the Commissioners that staff
will monitor the contract closely.
(8.10) Report on bids received June 22, 1993 for Engineering Project 93-873,
for street and utility improvements in the Laurie Subdivision and Tasker
Addition. (Award the contract for Part IA (Asphalt Pavement) to J. H.
Shears' Sons, Inc. in the amount of $412,072.65; and award the contract for
Part IIB (Utilities) to Stevens Contractors, Inc. in the amount of
$203,643.50.)
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the bids received and the staff recommendation.
93-270 Moved by Commissioner Beggs, seconded by Commissioner Divine that
the staff recommendation be accepted and that the contract for Engineering
Project 93-873, for street and utility improvements in the Laurie Subdivision
and Tasker Addition be awarded to J. H. Shears' Sons, Inc. for Part 1A
(Asphalt Pavement) in the amount of $412,072.65; and to Stevens Contractors,
Inc. for Part IIB (Utilities) in the amount of $203,643.50. Aye: (5). Nay:
(0) . Motion adopted.
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(8.11) Authorize a Sole Source purchase of an Inserter for Water Customer
Accounting.
Robert K. Biles, Director of Finance and Administration, said this
equipment is necessary to utilize the new utility billing software. He said one
vendor meets the specifications for this equipment and that $30,000 is set aside
in the 1993 budget for this equipment.
Moved by Commissioner Divine, seconded by Commissioner Maxwell
that a Sole Source purchase of an Inserter for Water Customer Accounting from
Pitney Bowes be authorized in the amount of $20,677. Aye: (5) . Nay: (0) .
Motion adopted.
OTHER BUSINESS
(9.1) Appoint members to a temporary Water Customer Service Task Force.
Mayor Brungardt made the following appointments to the Water
Customer Service Task Force (an ad hoc committee) :
Ed Pogue, Larry Dunlap, Jo Martin, Lyniece Meyer, Judith M. Evan, John
Melvin and Elmer Pearse.
(9.2) No meeting of the Board of Commissioners on July 5, 1993, as it is a
legal holiday.
Mayor Brungardt announced there will be no meeting on Monday,
July 5, 1993 as it is a holiday.
payments.
Commissioner Maxwell announced that Dillons is now accepting utility
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 6:09 p.m.
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, CMC
City Clerk