04-06-1992 MinutesA
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CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
APRIL 6, 1992
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, April 6, 1992, at 4:00 p.m.
There were present:
Mayor Stephen C. Ryan, Chairman presiding
Commissioner Carol E. Beggs
Commissioner Peter F. Brungardt
Commissioner John Divine
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
CITIZEN FORUM
George Plante, 1611 Roach, spoke to the City Commissioners about
the problems he and other contractors have getting permits and straight
answers from the Permits and Inspection office. The Commissioners instructed
staff to meet with Mr. Plante to try to resolve his particular concerns.
AWARDS - PROCLAMATIONS
(4.1) The Mayor proclaimed the Month of April, 1992 as "FAIR HOUSING
MONTH." The proclamation was read by Cynthia Laughman, 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 March 23, 1992.
(6.2) Set the date of May 19, 1992 to receive bids for lime feed and
slaking equipment for the Water Treatment Plant.
(6.3) Resolution Number 92-4444, approving the personnel manual filed by
the City Manager with the City Clerk which provides rules and regulations
relative to all officers and employees of the City of Salina, Kansas; and
repealing Resolution Number 87-3917.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
DEVELOPMENT BUSINESS
(7.1) Authorize the City Manager to file the applications and execute any
related grant documents for the 1992 Kansas Emergency Shelter Grants.
Roy Dudark, Director of Planning and Community Development,
explained that this is the third year of state funding for this project. He
said three shelters have applied for funding and the City will act as conduit
for the state funds to the applicants.
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92-121 Moved by Commissioner Divine, seconded by Commissioner Beggs that
the City Manager be authorized to file the applications and execute any related
grant documents for the 1992 Kansas Emergency Shelter Grants. Aye: (5).
Nay: (0) . Motion adopted.
ADMINISTRATION
(8.1) Second Reading Ordinance Number 92-9496, ordering the condemnation
and acquisition of fee simple title to certain real estate for the use of the
City of Salina, Kansas, for the purposes of municipal operations, training and
storage of materials and equipment, pursuant to K.S.A. Chapter 26 and
amendments thereto, as it relates to condemnation by cities, and further
pursuant to Resolution Number 92-4433 of the City of Salina, Kansas.
92-122 ! Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that Ordinance Number 92-9496, ordering the condemnation and acquisition of
fee simple title to certain real estate for the use of the City of Salina,
Kansas, for the purposes of municipal operations, training and storage of
materials and equipment, pursuant to K.S.A. Chapter 26 and amendments
thereto, as it relates to condemnation by cities, and further pursuant to
Resolution Number 92-4433 of the City of Salina, Kansas, be adopted. Aye:
Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay: (0) . Motion adopted.
(8.2) Second Reading Ordinance Number 92-9497, amending Chapter 9 of
the Salina Code pertaining to the operation of Gypsum Hill Cemetery by adding
Sections 9-3 and 9-4.
k Commissioner Beggs asked the City Clerk to read Sections 9-3 and
9-4 of the Ordinance so the public is aware of the contents.
92-123 Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Ordinance Number 92-9497, amending Chapter 9 of the Salina Code
pertaining to the operation of Gypsum Hill Cemetery by adding Sections 9-3 and
9-4, be adopted. Aye: Beggs, Brungardt, Divine, Warner, Ryan. (5) . Nay:
(0) . Motion adopted.
(8.3) First Reading Ordinance Number 92-9498, annexing certain land in
Section 35, Township 14 South, Range 3 West of the Sixth Principal Meridian in
Saline County, Kansas, in conformity with K.S.A. 12-520.
( Schilling Road and 1-135 and Ninth Street intersections)
Roy Dudark, Director of Planning and Community Development,
reviewed the acquisition of the tracts, design of the new interchange,
maintenance of the streets and traffic signalization and asked the City
Commission to consider the annexation ordinance on first reading.
92-124 Moved by Commissioner Warner, seconded by Commissioner Divine that
Ordinance Number 92-9498, annexing certain land in Section 35, Township 14
South, Range 3 West of the Sixth Principal Meridian in Saline County, Kansas,
in conformity with K.S.A. 12-520, be introduced for first reading. Aye: (5).
Nay: (0) . Motion adopted.
(8.4) Petition Number 4034, filed by Darrel Stockham, for the
reconsideration and revocation of Resolution Number 92-4441, adopted
March 23, 1992, reserving and donating Lots 17 and 18, Block 1, Eastgate
Addition to the Salina Housing Authority as a site for an affordable housing
project.
Dusty Moshier, attorney for the petitioner and area residents,
reviewed the concerns of the 260+ property owners who signed the petition.
He said they are concerned the housing project will impact traffic, property
values and enrollment at Heusner School. He reviewed the zoning of the
proposed property and explained that a Conditional Use permit will be required
to allow a housing project of the proposed magnitude because it is not a
permitted use in an R-2 zoning district. He said all conditions must be met
for a Conditional Use permit which requires no harm to the existing
neighborhood. He explained the petitioners pay approximately $250,000 in real
estate taxes each year and asked the City Commission to reconsider its action
on Resolution 92-4441.
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Matt George, SRA appraiser, spoke on the impacted value of
property. He said the "conformity" issue is significant in this area and could
adversely impact the property values of the neighborhood as the structures are
single family homes, duplexes and townhomes ranging from 1,000 to 1,300
square feet while the proposed housing project proposes 650 to 750 square feet
for each unit and does not conform with the area.
Darrel Stockham, 1514 East Ellsworth, the petitioner, said he feels
the quality of his life will change if the housing project proceeds in that it
threatens his financial future, threatens the overall future of the
neighborhood, and compromises children's education.
Roger Naylor, 1401 East Minneapolis, asked the Commissioners to
reconsider the donation of the property for low-income housing.
Bob Frank, upcoming PTA President of Huesner school, said the
school is at 98% enrollment now, and that without prior planning, the housing
project will over burden it.
Dennis M. Kissinger, City Manager, reviewed the options available to
the Commissioners. He explained that the Conditional Use hearing must be
heard by the City Planning Commission. He explained the grant application
needs a project concept and that the land needed to be donated in order to
apply for the grant funding. He said staff won't know until fall if the
project will be funded and that the Conditional Use hearing will be held at
that time.
The Commissioners and staff discussed the ramifications of the
various options.
Moved by Commissioner Beggs that Resolution Number 92-4441 be
reconsidered. The motion died for lack of a second.
(8.5) Resolution Number 92-4445, appointing members to the Emergency
Management Board and the Salina Business Improvement District Number 1
Design Review Board.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Resolution Number 92-4445, appointing members to the Emergency Management
Board and the Salina Business Improvement District Number 1 Design Review
Board, be adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.6) Resolution Number 92-4446, authorizing the mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas, and Jim
Swedlund to provide appraisal and acquisition services on the Interceptor Sewer
Project, in an amount not to exceed $97,600.
Don Hoff, Director of Engineering and Utilities, said this project
would require the acquisition of right-of-way and easements for 10 miles of
pipeline. He said 47 tracts of land are involved and recommended retaining the
services of Mr. Swedlund.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Resolution Number 92-4446, authorizing the mayor to execute and the City
Clerk to attest an agreement between the City of Salina, Kansas, and Jim
Swedlund to provide appraisal and acquisition services on the Interceptor Sewer
Project, in an amount not to exceed $97,600, be adopted. Aye: (5). Nay:
(0) . Motion adopted.
(8.7) Resolution Number 92-4447, amending Article 15 of the Personnel
Manual of the City of Salina, Kansas, adopted by Resolution Number 92-4444,
regarding vacations; and repealing the existing section.
Dennis M. Kissinger, City Manager, said the two changes made
regarding vacations are that vacations may be taken during the first year of
service and that there will be no maximum on accumulated vacation time.
The Commissioners and staff discussed the new policy and the
accounting necessary to track the accumulated vacation time.
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Moved by Commissioner Beggs, seconded by Commissioner Brungardt
that Resolution Number 92-4447, amending Article 15 of the Personnel Manual of
the City of Salina, Kansas, adopted by Resolution Number 92-4444, regarding
vacations; and repealing the existing section, be adopted.
Moved by Commissioner Divine that Resolution 92-4447 be amended by
adding a section stating that employees must take a vacation each year equal to
one-half of their annual earned vacation. The motion died for lack of a second.
The Mayor called for a vote on Commission Action #92-128. Aye:
Beggs, Brungardt, Warner, Ryan. (4) . Nay: Divine. (1) . Motion adopted.
(8.8) Resolution Number 92-4448, relating to benefits obtainable by cities
under the program for federal and state aid on highway construction. (Project
No. 85 U-1258-01 (BHM-4833 (001)), Oakdale Bridge).
Shawn O'Leary, Assistant City Engineer, reviewed the project.
Moved by Commissioner Brungardt, seconded by Commissioner Beggs
that Resolution Number 92-4448, relating to benefits obtainable by cities under
the program for federal and state aid on highway construction, Project No.
85 U-1258-01 (BHM-4833 (001)), Oakdale Bridge, be adopted. Aye: (5). Nay:
(0) . Motion adopted.
(8.9) Authorize Change Order Number 1 for Engineering Project 90-804, the
Wastewater Treatment Plant.
Don Hoff, Director of Engineering and Utilities, explained that this
change order does not involve an increase or decrease in the original contract
time or price. He said the EPA requires certain documentation pertaining to
debarment and suspension of firms or individuals which conduct business with
the EPA, and these must be added to the original contract documents.
Moved by Commissioner Divine, seconded by Commissioner Warner that
Change Order Number 1 for Engineering Project 90-804, the Wastewater
Treatment Plant, be authorized. Aye: (5) . Nay: (0) . Motion adopted.
(8.10) Request from Mr. Paul Adrian to speak to the City Commission for
the purpose of discussing "Water Billing".
Mr. Adrian, 28 Crestview Drive, spoke about his concern regarding
the change of his water bill due date. He suggested allowing 30 days to pay
the bill instead of 15 days.
Robert K. Biles, Director of Finance and Administration, explained
the reason for the billing changeover was the more efficient use of water
department staff time.
Dennis M. Kissinger, City Manager, spoke about computerized billing
and creating special cycles for financial hardship cases.
The City Commissioners suggested that staff be sensitive to the
public needs. They discussed the possibility of pre -paying the water bills or
arranging for a bank draft deposit before the due date.
(8.11) Report on bids received March 17, 1992, for a 4 -wheel drive pickup
truck for Wastewater Division. (Award the contract to J -J Chevrolet in the
amount of $14,895.00 with trade)
Don Hoff, Director of Engineering and Utilities, reviewed the bids
received and recommended awarding the contract to J -J Chevrolet.
Moved by Commissioner Warner, seconded by Commissioner Divine that
the staff recommendation be accepted and that the contract for a 4 -wheel drive
pickup truck for the Wastewater Division be awarded to J -J Chevrolet in the
amount of $14,895.00 with trade. Aye: (5) . Nay: (0) . Motion adopted.
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( 8.12) Request for Executive Session to discuss a Personnel matter.
Dennis M. Kissinger, City Manager, said there was no longer a need
to meet in executive session to discuss a personnel matter.
(8.13) Request for Executive Session to discuss an attorney/client matter.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that the Board of Commissioners recess into executive session for 20 minutes
for the purpose of allowing the City Attorney to discuss with the City
Commission his legal advice on the matter, which advice is subject to the
attorney/client privilege. The reason for conducting this discussion in
Executive Session is that public discussion at this time would adversely affect
the City's position regarding the matter and would waive the attorney/client
privilege. Aye: (5) . Nay: (0) . Motion adopted.
6:25 p.m.
The Board of Commissioners recessed at 6:06 p.m. and reconvened at
The Commissioners took no action.
None
OTHER BUSINESS
ADJOURNMENT
Moved by Commissioner Beggs, 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 6:26 p.m.
(SEAL)
ATTEST:
Jacquine Shiever, City Clerk
Stephen C. Ryan, Mayor