08-23-1993 Minutes-- Commission
93-338
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
AUGUST 23, 1993
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, August 23, 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) Resolution Number 93-4630, expressing gratitude and appreciation to
John B. House, for serving as Truck Driver, Equipment Operator, Traffic
Control Foreman, Traffic Maintenance Supervisor from April 22, 1957 to
August 31, 1993.
Moved by Commissioner Warner, seconded by Commissioner Maxwell
that Resolution Number 93-4630, expressing gratitude and appreciation to
John B. House, for serving as Truck Driver, Equipment Operator, Traffic
Control Foreman, Traffic Maintenance Supervisor from April 22, 1957 to
August 31, 1993, be adopted. Aye: (5). Nay: (0). Motion adopted.
(4.2) The Mayor proclaimed the Week of September 6 through 10, 1993 as
"HUMAN RELATIONS WEEK". The proclamation was read by Cynthia Adcock,
Chairman of the Human Relations Commission.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting August 16, 1993.
(6.2) Approve the Minutes of the Special Meeting August 20, 1993.
(6.3) Set the date of Tuesday, September 14, 1993 as the date to receive
bids for the construction of a new Golf Cart/Cold Storage Facility for the Salina
Municipal Golf Course.
93-339 Moved by Commissioner Maxwell, seconded by Commissioner Divine
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
commission
KUM1n-Cox Wil�l�"2Z Sal�ina�Kans�
93-340
93-341
93-342
93-343
DEVELOPMENT BUSINESS
(7.1) Consider final approval of Holiday Resort Planned Development.
Roy Dudark, Director of Planning and Community Development,
reviewed the final plat drawing, rezoning and restrictive covenants for
development of this 24.03 acre tract.
The Commissioners and staff discussed drainage requirements of the
development and covenants to ensure compatibility with the surrounding
neighborhood.
Commissioner Maxwell presented additional conditions to be placed on
the development of the nursing home. These included: 1) a water purchase
contract; 2) a useable road open at all times to Holmes Road; 3) that Phase I
and II of the development progress simultaneously; 4) that an inquiry of state
law be made at the time of application for a building permit; and, 5) that all
required conditions be listed on the final plat and in the zoning ordinance.
Roy Dudark, Director of Planning and Community Development,
responded to Commissioner Maxwell's comments. He said the first item would be
a duplication of the City's zoning requirements; that Eastmore Drive will be
paved and encouraged as the preferred road for travel; that the City should
not inject requirements in the private market; that only City rules are
evaluated in issuing building permits; and, many conditions required by the
City are listed on the final plat.
Ted Brown, applicant, said they will meet the City requirements and
that the restrictive covenants are the same as those required in Country Club
Estates #4, except that additional landscaping is being required.
(7.1a) Recommendation from the City Planning Commission that Plat
Application 93-5A, filed by Holiday Resorts, requesting final plat approval
for Holiday Resort Planned Development, in Holiday Resort Addition, be
approved.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the recommendation from the City Planning Commission be accepted, that Plat
Application 93-5A, be approved, and that the Mayor be authorized to sign the
plat.
Moved by Commissioner Maxwell that the motion be amended to include
that all the required conditions be listed on the final plat and on the zoning
ordinance to be published in the newspaper.
The Motion died for lack of a second.
The Mayor called for a vote on Commission Action #93-340. Aye:
(5). Nay: (0). Motion adopted.
(7. 1b) Second Reading Ordinance Number 93-9573, providing for the
amendment of Ordinance 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 Planned Development
District Application 93-3, filed by Wally Storey, for Holiday Resort) .
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Ordinance Number 93-9573, providing for the amendment of Ordinance 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.
Greg Bengtson, City Attorney, reviewed the findings of the City
Commission at the public hearing and first reading of this ordinance.
Moved by Commissioner Maxwell that a water purchase contract for
fire protection purposes be required and noted on the final plat as well as the
zoning ordinance.
The Motion died for lack of a second.
Commission _
Kuhn Lo. Pl,, gi Galina. Kansa
f k�FiF7TfZf
93-344
93-345
93-346
93-347
93-348
93-349
Moved by Commissioner Maxwell that a useable road be open at all
times to Holmes Road.
The Motion died for lack of a second.
Moved by Commissioner Maxwell that Phase I (construction of Nursing
Home) and Phase II (sale of lots and construction of single family homes) be
allowed to progress simultaneously.
The Motion died for lack of a second.
Moved by Commissioner Maxwell that an inquiry of state law be made
at the time a building permit application is filed to see if a license for
construction is required and if so that it be obtained prior to issuing a
building permit for the nursing home.
The Motion died for lack of a second.
The Mayor called for a vote on Commission Action #93-342. Aye:
Beggs, Divine, Maxwell, Warner, Brungardt. (5). Nay: (0). Motion adopted.
(7.1c) Second Reading Ordinance
annexation of certain land in the
Township 14 South, Range 2 West of
County, Kansas, in conformity with
12-526, inclusive.
Number 93-9574, providing for the
Northeast Quarter of Section 17,
the 6th Principal Meridian in Saline
the provisions of K.S.A. 12-519 to
Moved by Commissioner Warner, seconded by Commissioner Beggs that
Ordinance Number 93-9574, providing for the annexation of certain land in the
Northeast Quarter of Section 17, Township 14 South, Range 2 West of the 6th
Principal Meridian in Saline County, Kansas, in conformity with the provisions
of K.S.A. 12-519 to 12-526, inclusive, be adopted. Aye: Beggs, Divine,
Maxwell, Warner, Brungardt. (5). Nay: (0). Motion adopted.
(7.1d) Consider approval of Protective Covenants for Holiday Resort
Addition.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the Protective Covenants for Holiday Resort Addition be approved and that they
be recorded with the final plat. Aye: (5). Nay: (0). Motion adopted.
(7.2) Consider submittal of an application to the Kansas Department of
Transportation for extension of the Pedestrian and Bicycle Trail on the Flood
Control levee.
Roy Dudark, Director of Planning and Community Development,
reviewed the grant application. He said the total cost for the 8.1 mile project
is estimated at $363,837, with the 20% local share being $72,767. He said that
the Parks and Recreation Advisory Board voted to approve the project and
recommend that the City Commission allocate the matching funds required for
the grant application.
The Commissioners and staff discussed safety issues, maintenance
requirements and maintaining the integrity of the flood control system.
Moved by Commissioner Divine, seconded by Commissioner Warner that
the entire project be approved and that $72,767 be programmed in the 1996
Capital Improvement Program to match the grant. Aye: Divine, Maxwell,
Warner, Brungardt. (4). Nay: Beggs (1). Motion adopted.
ADMINISTRATION
(8.1) Second Reading
Ordinance Number
93-9591, 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
93-5, filed by Bill
Medina for
certain property in Hansen
Court Addition.)
Commission _
KuM1n-Co. P�ntinq T Cal�np ans�y
93-350
93-351
93-352
93-353
93-354
Moved
by Commissioner Beggs, seconded by Commissioner Maxwell
that Ordinance
Number
93-9591, 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) Report on bids received August 17, 1993 for Engineering Project
93-870, 1993 Signalization Improvements. (Award the contract to B & W
Electrical Contractors, Inc. , in the amount of $146,010.00. )
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the bids received. He said general obligation bonds will be used to
finance this project.
Moved by Commissioner Divine, seconded by Commissioner Maxwell
that the staff recommendation be accepted and that the contract for Engineering
Project 93-870, 1993 Signalization Improvements, be awarded to B & W Electrical
Contractors, Inc., in the amount of $146,010.00. Aye: (5) . Nay: (0) . Motion
adopted.
(8.3) Report on bids received August 17, 1993 for Engineering Project
93-880, Booster Pump Station No. 2. (Award the contract to Smoky Hill, Inc.
in the amount of $151,300.00.)
Don Hoff, Director of Engineering and Utilities, reviewed the bids
received. He said the project is included in the 1993 Capital Improvement
Program and will be financed by revenue bonds.
Moved by Commissioner Maxwell, seconded by Commissioner Warner
that the staff recommendation be accepted and that the contract for Engineering
Project 93-880, Booster Pump Station No. 2, be awarded to Smoky Hill, Inc. in
the amount of $151,300.00. Aye: (5) . Nay: (0) . Motion adopted.
(8.4) Report on bids received August 17, 1993 for Loader/Backhoe for the
Street Division. (Award the contract to Murphy Tractor & Equipment Company
in the amount of $34,336.00 with trade.)
Frank Weinhold, Director of General Services, reviewed the bids
received and recommended the contract be awarded to Murphy Tractor and
Equipment Company.
Moved by Commissioner Warner, seconded by Commissioner Maxwell
that the staff recommendation be accepted and that the contract for
Loader/Backhoe for the Street Division be awarded to Murphy Tractor &
Equipment Company in the amount of $34,336.00 with trade. Aye: (5) . Nay:
(0) . Motion adopted.
(8.5) Change Order No. 1, in the amount of $6,585.00, for the Austin
Subdivision/Mayfair Addition Utility Improvements, Project No. 93-872.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the scope of the change order.
Moved by Commissioner Divine, seconded by Commissioner Beggs that
Engineering Project 93-872, Change Order Number 1, in the amount of
$6,585.00, for the Austin Subdivision/Mayfair Addition Utility Improvements, be
approved. Aye: (5) . Nay: (0) . Motion adopted.
(8.6) Resolution Number 93-4631, appointing members to the Board of
Zoning Appeals, City Planning Commission, Convention and Tourism Committee,
Disciplinary Advisory Board, Housing Authority of the City of Salina, Human
Relations Commission, Parks and Recreation Advisory Board, Salina Arts and
Humanities Commission, Salina Business Improvement District #1 Board of
Advisors, Salina Business Improvement District #1 Design Review Board.
-Commission-
93-355
ommission
93-355
93-356
93-357
Moved by Commissioner Maxwell, seconded by Commissioner Warner
that Resolution Number 93-4631, appointing members to the Board of Zoning
Appeals, City Planning Commission, Convention and Tourism Committee,
Disciplinary Advisory Board, Housing Authority of the City of Salina, Human
Relations Commission, Parks and Recreation Advisory Board, Salina Arts and
Humanities Commission, Salina Business Improvement District #1 Board of
Advisors, Salina Business Improvement District #1 Design Review Board, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
Commissioner Beggs asked that Ordinance Number 87-9172 be
reviewed as it states that appointments will be made from individuals
recommended by the Board of Directors of Downtown Salina, Inc.
(8.7) Second Reading Ordinance Number 93-9592, 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 93-7, filed by John Campbell
for certain property in Block 24, Schilling Subdivision.)
Moved
by Commissioner Beggs, seconded by Commissioner Maxwell
that Ordinance
Number
93-9592, 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.
OTHER BUSINESS
Mayor Brungardt announced that there will be no meeting on Monday,
August 30th, as it is the fifth Monday of the month, and there will be no
meeting on Monday, September 6th, as it is "Labor Day", a national holiday.
He said a special meeting is called for Thursday, September 2nd at 8:00 a.m.
to consider matters relating to the Salina Motel Property.
Commissioner Maxwell asked citizens to voice their comments to the
Commissioners regarding the proposed bike/pedestrian trail.
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 5:54 p.m.
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
a..w�.
Jacqueline Shiever, CMC
City Clerk
Kunn-Cox P��in�.� iar�nn. Kazis _ __ _
WAIVER AND CONSENT TO HOLD
A SPECIAL MEETING OF THE BOARD OF COMMISSIONERS
We, the undersigned, being duly elected, qualified and acting
Commissioners of the City of Salina, Kansas, and constituting a majority of the
Board of Commissioners of the City of Salina, Kansas, do hereby waive notice
and consent to the holding of a special meeting of the Board of Commissioners
of the City of Salina, Kansas, on the 2nd day of September, 1993, at
8:00 a.m. , in the City Commissioners Meeting Room, Room 200, City -County
Building, 300 West Ash Street, for the purpose of action relating to the
following:
1. Resolution Number 93-4632, authorizing the Mayor to execute an agreement
by and between the City of Salina, a Kansas municipal corporation;
Resolution Trust Corporation, in its capacity as receiver for Anchor
Federal Savings and Loan Association; and Saline County, Kansas
regarding payment of outstanding real estate taxes, special assessments,
and personal property taxes relating to what is commonly known and
referred to as the Salina Motel Property.
2. Resolution Number 93-4633, authorizing the Mayor to execute an agreement
between the City of Salina, Kansas and Saline County, Kansas regarding
the manner of payment and allocation of the proceeds from interest due for
the 1986-1990 special assessments and the status of the 1991 and 1992
special assessments against what is commonly known and referred to as the
Salina Motel Property.
Dated this 23rd day of August, 1993.
Peter F. Brungardt, Nkayor
t��z� J4 q,'—
Carol E. Beggs, Commis eqlrr
John= Divine, Commissioner
(? „ate
Evely axwell, Commissioner
osep . Warner, Commissioner