07-20-1992 Minuteshn Gox Vrin�ing — Sslrnfl Kansas
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
JULY 20, 1992
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, July 20, 1992, at 4:00 p.m.
There were present:
Mayor Carol E. Beggs, Chairman presiding
Commissioner Peter F. Brungardt
Commissioner John Divine
Commissioner Stephen C. Ryan
Commissioner Joseph A. Warner
comprising a quorum of the Board, also present:
Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Jacqueline Shiever, City Clerk
Absent:
None
None
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
(5.1) Reconvene the Public Hearing required by Resolution Number 92-4471,
on Petition Number 40363, filed by Craig and Melody Hawkinson, for the vacation
of the south half of the north -south alley between Minneapolis, Beloit, Santa
Fe and Fourth Streets in the Grounds of Kansas Wesleyan University Addition
to the City of Salina, Saline County, Kansas. (Introduce Ordinance 92-9516 for
first reading. )
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the request and recommended the vacation of the alley under the
condition that both ends of the alley be blocked within 60 days of the
effective date of the ordinance.
the alley.
The Commissioners and staff discussed requirements for closure of
Mayor Beggs declared the public hearing open.
There were no comments filed, written or oral, so the Mayor declared
the public hearing closed.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 92-9516, providing for the vacation of a portion of a certain
north -south alley between Santa Fe Avenue and Fourth Street and between
Beloit and Minneapolis Avenues in the Grounds of Kansas Wesleyan University
Addition to the City of Salina, Saline County, Kansas, 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 July 13, 1992.
(6.2) Set the date of August 18, 1992 as the date to receive bids for the
Fall 1992 Street Marking Project.
(6.3) Approve Change Order No. 3 for Engineering Project 91-842, the
Maintenance Facility at Wastewater Treatment Plant No. 1, in the deducted
amount of $111.00.
Moved by Commissioner Ryan, seconded by Commissioner Brungardt
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Recommendation from the City Planning Commission to approve a new
Comprehensive Plan for the City of Salina and surrounding unincorporated
area.
Roy Dudark, Director of Planning and Community Development,
reviewed the plan and said it is the official guide for growth in the City of
Salina.
The Commissioners and staff discussed the public attendance at the
public hearings held to review the plan.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the Comprehensive Plan recommended by the City Planning Commission be
received and that staff be directed to notify the Saline County Commission of
the City Commission's intent to consider an ordinance adopting the plan on
August 17, 1992. Aye: (5) . Nay: (0) . Motion adopted.
(7.2) Recommendation from the City Planning Commission that Zoning
Application 92-8, filed by Russell Johnson, for the rezoning of a 44.5 acre
tract of land located at the northeast corner of South Ninth Street and
Schilling Road to District PC -3 (Planned Shopping Center District) , be
approved. (Consider Ordinance Number 92-9520 for first reading.)
Roy Dudark, Director of Planning and Community Development,
reviewed the application. He said a protest petition ( later numbered 4046) had
been filed prior to today's meeting and had not yet been validated. He said a
report on the petition will be presented when the matter comes before the City
Commission the second time.
Dennis M. Kissinger, City Manager, and Greg Bengtson, City
Attorney, reviewed the legal obligations of the City Commissioners regarding
rezoning and annexation.
John Petersen, 7300 College Boulevard, Overland Park, appeared on
behalf of Russell Johnson, the applicant. He reviewed the reasons for the
selection of the site and the steps being taken to minimize the negative impact
to the surrounding neighborhood.
Richard Lietz, real estate manager for Wal-Mart said the company
serves small businesses and will not be competing with them.
Gerald Cook, President of the Salina Area Chamber of Commerce,
voiced the Chamber's support for Sam's and urged the Commissioners to
approve the rezoning request.
Marilyn Helmer, Tescott, said she feels Sam's will jeopardize small
businesses in surrounding rural communities and asked the Commissioners to
defeat the rezoning request.
Mike Scanlon, 213 Gail; Marty McCain, 310 Gail; Kathy Collmer,
Minneapolis; Roberta Johannes, 306 Gail; Vickie Scanlon; and Henry Bruns, 314
Gail, spoke in opposition to the rezoning.
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The Commissioners and staff discussed the legality of conditions
placed on planned development districts, the construction schedule for the East
Dry Creek Interceptor Sewer project, storm water ponding and traffic
improvements.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
the recommendation of the City Planning Commission be accepted, that Zoning
Application 92-8 be approved, and that Ordinance Number 92-9520, 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.
(7.3) Recommendation from the City Planning Commission that Annexation
Application 92-1, filed by Russell M. Johnson, for the annexation of a 44.5
acre tract located at the northeast corner of South Ninth Street and Schilling
Road, be approved. (Consider Ordinance Number 92-9521 for first reading.)
Roy Dudark, Director of Planning and Community Development,
reviewed the recommendation from the City Planning Commission.
Moved by Commissioner Ryan, seconded by Commissioner Brungardt
that the recommendation from the City Planning Commission be accepted, that
Annexation Application 92-1 be approved, and that Ordinance Number 92-9521,
providing for the annexation of certain land in the Southwest Quarter of
Section 36, Township 14 South, Range 3 West of the Sixth Principal Meridian in
Saline County, Kansas, in conformity with the provisions of K.S.A. 12 -519 to
12-526, inclusive, be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
(7.4) Recommendation from the City Planning Commission that Plat
Application 91-3/3A, filed by David Bixby, that the final plat of H&H Addition,
be approved.
Roy Dudark, Director of Planning and Community Development,
reviewed the application and recommendation of the City Planning Commission.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that the recommendation from the City Planning Commission be accepted, that
the final plat of H & H Addition be approved, and that the Mayor be authorized
to sign the final plat. Aye: (5) . Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 92-9517, providing for the vacation
of a portion of a certain utility easement along the west side of Lot 1, Block
1, Replat of Lot 13, Block 5 and Lots 24 - 26, Block 6, Meyer Addition to the
City of Salina, Saline County, Kansas.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Ordinance Number 92-9517, providing for the vacation of a portion of a certain
utility easement along the west side of Lot 1, Block 1, Replat of Lot 13, Block
5 and Lots 24, 25 and 26, Block 6, Meyer Addition to the City of Salina, Saline
County, Kansas, be adopted. Aye: Brungardt, Divine, Ryan, Warner, Beggs.
(5) . Nay: (0) . Motion adopted.
(8.2) Second Reading Ordinance Number 92-9518, providing for the vacation
of a portion of Claflin Avenue in Austin Subdivision of the City of Salina,
Saline County, Kansas.
Moved by Commissioner Ryan, seconded by Commissioner Brungardt
that Ordinance Number 92-9518, providing for the vacation of a portion of
Claflin Avenue in Austin Subdivision of the City of Salina, Saline County,
Kansas, be adopted. Aye: Brungardt, Divine, Ryan, Warner, Beggs. (5) .
Nay: (0) . Motion adopted.
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(8.3) Second Reading Ordinance Number 92-9519, amending Sections 13-28,
13-101, 13-104, 13-112 and 13-114 of the Salina Code pertaining to equal
opportunity; and repealing the existing sections.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Ordinance Number 92-9519 amending Sections 13-28, 13-101, 13-104, 13-112
and 13-114 of the Salina Code pertaining to equal opportunity; and repealing
the existing sections, be adopted. Aye: Brungardt, Divine, Ryan, Warner,
Beggs. (5) . Nay: (0) . Motion adopted.
(8.4) First Reading Ordinance Number 92-9522, ordering the condemnation
and acquisition of fee simple title to certain real estate and permanent and
temporary easements for the use of the City of Salina, Kansas, for the
purposes of constructing, installing and maintaining public utilities, in
perpetuity, in conjunction with the East Dry Creek Interceptor Sewer Project,
pursuant to K.S.A. Chapter 26, and amendments thereto, as it relates to
condemnation by cities, and further pursuant to Resolution Number 92-4480 of
the City of Salina, Kansas.
Greg Bengtson, City Attorney, explained that this is the next step in
the condemnation proceedings to acquire permanent and temporary easements
necessary for the East Dry Creek Interceptor Sewer.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Ordinance Number 92-9522, ordering the condemnation and acquisition of
fee simple title to certain real estate and permanent and temporary easements
for the use of the City of Salina, Kansas, for the purposes of constructing,
installing and maintaining public utilities, in perpetuity, in conjunction with
the East Dry Creek Interceptor Sewer Project, pursuant to K.S.A. Chapter 26,
and amendments thereto, as it relates to condemnation by cities, and further
pursuant to Resolution Number 92-4480 of the City of Salina, Kansas, be
introduced for first reading. Aye: (5) . Nay: (0) . Motion adopted.
(8.5) Resolution Number 92-4482, concurring with the award of contract for
the Schilling/I-135 Interchange improvements, Project Number 135-85 K-3707-01,
to J. H. Shears' Sons, Inc. in the amount of $1,974,577.56 as well as providing
for the remaining local matching funds of $608,306.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
reviewed the bids received and recommended concurring with the award of
contract to J. H. Shears' Sons, Inc.
The Commissioners and staff discussed the financing of the project.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 92-4482, concurring with the award of contract for the
Schilling/I-135 Interchange improvements, Project Number 135-85 K-3707-01, to
J. H. Shears' Sons, Inc. in the amount of $1,974,577.56 as well as providing
for the remaining local matching funds of $608,306, be adopted. Aye: (5) .
Nay: (0) . Motion adopted.
(8.6) Reserved for items related to Austin Subdivision improvements.
Information to be available Monday.
Shawn O'Leary, Assistant Director of Engineering and Utilities,
explained that an error had been made in the feasibility report previously
filed on the improvements. On the advice of Bond Counsel, the process should
be restarted.
(8.6a) Petitioners file Petition 4045 with new improvement costs.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Petition 4045 be referred to the City Engineer for a report on the validity of
the petition. Aye: (5) . Nay: (0) . Motion adopted.
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(8.6b) City Engineer reports Petition 4045 is valid as 100% of the
property owners own 100% of the property in the benefit district.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that the City Engineer's report on the validity of Petition 4045 be accepted.
Aye: (5) . Nay: (0) . Motion adopted.
(8.6c) City Engineer files a feasibility report based on the new
petition.
Moved by Commissioner Divine, seconded by Commissioner Ryan, that
the feasibility report filed by the City Engineer be accepted as filed. Aye:
(5) . Nay: (0) . Motion adopted.
(8.6d) Resolution Number 92-4483, determining the advisability of
certain curbing, guttering, paving and grading, sanitary sewer and water
main improvements in Austin Subdivision, 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; and repealing Resolution Number 92-4481.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 92-4483, determining the advisability of certain
curbing, guttering, paving and grading, sanitary sewer and water main
improvements in Austin Subdivision, 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; and repealing
Resolution Number 92-4481, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.6e) Resolution Number 92-4484, authorizing and ordering certain
curbing, guttering, paving and grading, sanitary sewer and water main
improvements in Austin Subdivision, ordering preparation of plans and
specifications and the estimate of costs.
Moved by Commissioner Divine, seconded by Commissioner Ryan that
Resolution Number 92-4484, authorizing and ordering certain curbing,
guttering, paving and grading, sanitary sewer and water main improvements in
Austin Subdivision, ordering preparation of plans and specifications and the
estimate of costs, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) City Engineer files plans and specifications for street and utility
improvements in Holmquist Estates and Austin Subdivision, Engineering Project
92-859. Set the date of August 11, 1992 to receive bids.
Moved by Commissioner Ryan, seconded by Commissioner Brungardt
that the plans and specifications for street and utility improvements in
Holmquist Estates and Austin Subdivision, Engineering Project 92-859, be
approved and that August 11, 1992 be set as the date to receive bids. Aye:
(5) . Nay: (0) . Motion adopted.
(8.8) Authorize grant application to HUD for Fair Housing Initiatives
Program and authorize the City Manager and Human Relations Director to
execute all grant and program related documents.
Dennis M. Kissinger, City Manager, said this grant will allow the
department to provide educational services regarding fair housing. He said the
local share will be provided through in-kind services.
Moved by Commissioner Ryan, seconded by Commissioner Warner that
the grant application to HUD for Fair Housing Initiatives Program be approved
and that the City Manager and Human Relations Director be authorized to
execute all grant and program related documents. Aye: (5) . Nay: (0) .
Motion adopted.
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(8.9) Request for Executive Session to discuss a legal matter.
6:46 p.m.
The Board of Commissioners recessed at 6:16 p.m. and reconvened at
The Commissioners took no action.
None
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Brungardt, 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 6:47 p.m.
(SEAL)
ATTEST:
-1 0_�l sk; C"
Jacqueline Shiever, CMC
City Clerk
Carol E. Beggs, Mayor
Moved by Commissioner
Brungardt,
seconded by Commissioner
Warner
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
privilege,
in particular the Eisele
case, as
public discussion
of the
matter
would waive
the attorney-client
privilege.
Aye: (5) . Nay:
(0) .
Motion
adopted.
6:46 p.m.
The Board of Commissioners recessed at 6:16 p.m. and reconvened at
The Commissioners took no action.
None
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Brungardt, 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 6:47 p.m.
(SEAL)
ATTEST:
-1 0_�l sk; C"
Jacqueline Shiever, CMC
City Clerk
Carol E. Beggs, Mayor