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04-06-1992 MinutesA 92-120 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. M1nGox Pr�n�inq—Salina KanG�s Actio # 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. H,hn-C- P,n�ing —Salina. K�ns�s ----- A" 92-125 92-126 92-127 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. ­1C­Prining — Snl�na nsyc Act 92-128 92-129 92-130 —92-131 92-132 # 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. K�M1n-Cox Prin my -- Salin Kansari 92-133 92-134 ( 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