03-23-1992 MinutesK in C Prnl ng -Sal na. Kans
CITY OF SALINA, KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
MARCH 23, 1992
4:00 p.m.
The Regular Meeting of the Board of Commissioners met in the Commission
Meeting Room, City -County Building, on Monday, March 23, 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
Michael Morgan, Assistant City Manager
Jacqueline Shiever, City Clerk
Dennis M. Kissinger, City Manager
None
CITIZEN FORUM
AWARDS - PROCLAMATIONS
(4.1) The Mayor presented plaques of appreciation to past members of
various boards and commissions. Those receiving plaques were: Bill Rowson,
Accessibility Advisory Board; Judith Hall, Disciplinary Advisory Board;
Patricia M. Anderson, James Graves and Anthony W. McGraw, Business
Improvement District Number 1 Board of Advisors; Don Marrs, Business
Improvement District Number 1 Design Review Board; Jim Hamilton, Building
Codes Advisory and Appeals Board; Jake Hartmetz'Convention and Tourism
Committee; and, Brenda Cloutier, Housing Authority. The Mayor thanked them
for their time and service to the community.
(4.2) The Mayor proclaimed the Week of March 30 through April 4, 1992 as
"DELTA KAPPA GAMMA WEEK." The proclamation was read by Verna Mae
Johnson, President of Mu Chapter of Delta Kappa Gamma, Teachers Sorority.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
None
CONSENT AGENDA
(6.1) Approve the Minutes of the Regular Meeting March 16, 1992.
(6.2) Set the date of April 21, 1992 as the date to receive bids for
Engineering Project 91-820, Water Distribution Telemetry System.
(6.3) Resolution 92-4436, directing public notice of application for the
vacation of the 20 foot utility easement on the west side of Lot 2, and for the
vacation of the west 10' of the twenty foot utility easement on the east side
of Lots 2 and 3, Block 1, King Addition. (Requested in Petition 4029, filed by
John C. Marietta. This resolution sets April 13, 1992, for a public hearing.)
(6.4) Resolution 92-4437, directing public notice of application for the
vacation of a 20 foot utility easement on Lots 1 through 9, Block 8, Belmont
Addition. (Requested in Petition 4030, filed by Harry W. Steele for SEI
Partners Trust. This Resolution sets April 13, 1992 for a public hearing.)
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92-107
(6.5) Resolution 92-4438, directing public notice of application for the
vacation of a 70' x 100' storm sewer easement and the North 20' of a storm
sewer easement along the north line of the vacated Woodland Avenue on Lot 1,
Block 1, Trochenbach Addition. (Requested in Petition 4031, filed by James M.
Hall, IV. This resolution sets April 13, 1992 for a public hearing.)
(6.6) Petition Number 4033, requesting vacation of the dedicated 15 foot
east -west alley on the South 15 feet of Lot 14, Block 4, Southern Heights
Addition.
(6.7) Resolution 92-4439, directing notice of public hearing on the
vacation of the dedicated 15 foot east -west alley on the South 15 feet of Lot
14, Block 4, Southern Heights Addition. (Requested in Petition 4033, filed by
Leon Ashton. This resolution sets April 13, 1992 for a public hearing.)
(6.8) Approve a one year extension for a site development plan approved
as part of a rezoning from R to PC -2 at the corner of Broadway and Hageman
on September 17, 1990. (Zoning Application 90-10, filed by Keith Olson)
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that all items on the Consent Agenda be approved. Aye: (5) . Nay: (0) .
Motion adopted.
None
DEVELOPMENT BUSINESS
ADMINISTRATION
(8.1) First Reading
Ordinance 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.
Greg Bengtson, City Attorney, reviewed the condemnation
proceedings and explained that this is the next step in the statutory
proceedings to acquire the parcel of land.
Moved by Commissioner Divine, seconded by Commissioner Brungardt
that Ordinance 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 introduced for first reading. Aye:
(5) . Nay: (0) . Motion adopted.
(8.2) First Reading Ordinance 92-9497, amending Chapter 9 of the Salina
Code pertaining to the operation of the Gypsum Hill Cemetery by adding
Sections 9.3, 9.4 and 9.5. (Curfew requested in Petition 4032 filed by
Barbara Strowig)
Peter Brown, Public Information Officer, and Mike Morgan, Assistant
City Manager, reviewed the three concerns in the operation of the cemetery
covered by the proposed Ordinance. The three concerns are a curfew to limit
late evening activities, animals and sports as questionable activities in the
cemetery.
The Commissioners and staff discussed enforcement problems and
possible regulations administered by the City Manager.
Barbara Strowig, 145 Millview, petitioner, clarified that the
petition she carried was only to establish a curfew in the cemetery. She
suggested the west side of the cemetery be fenced to help stop questionable
activity during the late evening hours.
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A
92-109
92-110
92-111
Helma Brunson, 2742 Linda Lane, said she opposes allowing dogs in
the cemetery either on, or off a leash, as it shows little respect to allow
dogs to urinate on the monuments.
David Miller, 133 East Lake Drive, suggested the curfew begin at
10:00 p.m. as there is a lot of activity between 10:00 p.m. and midnight. He
said there are many animals besides dogs which roam the cemetery.
Dave Warrington, 1728 Upper Mill Heights Terrace, said he and his
wife walk or jog daily with their dog in the cemetery. He said they are
respectful and avoid services or other gatherings. He said the City leash law
should be enforced and controlled animals should be allowed in the cemetery.
Candy Reitz, 171 East Lake Drive, said she was walking her dog on a
leash in the cemetery and was harassed by Mrs. Brunson who does not approve
of dogs in the cemetery.
Ernest Cole, 153 S. Front, said he agreed with the proposed
ordinance. He agreed the cemetery should be fenced and the gates closed at
curfew and that animals should not be allowed.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that Ordinance 92-9497, amending Chapter 9 of the Salina Code pertaining to
the operation of the Gypsum Hill Cemetery by adding Sections 9.3 and 9.5
( deleting Section 9.4 , prohibiting animals) , and confirming the curfew from
midnight to 5:00 a.m. , be introduced for first reading. Aye: (5) . Nay: (0) .
Motion adopted.
(8.3) Resolution 92-4440, that the City of Salina, Kansas, should repair,
alter, extend, reconstruct, enlarge and improve its water and sewage system
by improving the City's Wastewater Treatment Plant and authorizing notice to
be given of the city's intention to take such action.
Don Hoff, Director of Utilities, reviewed the project and the reasons
for the increase of approximately $3,000,000 in project cost.
Moved by Commissioner Warner, seconded by Commissioner Divine that
Resolution 92-4440, that the City of Salina, Kansas, should repair, alter,
extend, reconstruct, enlarge and improve its water and sewage system by
improving the City's Wastewater Treatment Plant and authorizing notice to be
given of the city's intention to take such action, be approved. Aye: (5) .
Nay: (0) . Motion adopted.
(8.4) Resolution Number 92-4441, endorsing an affordable housing
demonstration project and agreeing to donate a tract of land located in
Eastgate Addition for the project.
Roy Dudark, Director of Planning and Community Development,
reviewed the multi -family housing project. He said the Housing Authority
would operate and maintain the units.
Abner Purney, Director of the Housing Authority, spoke on the need
of low-income housing in Salina.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that Resolution 92-4441, endorsing an affordable housing demonstration project
and agreeing to donate a tract of land located in Eastgate Addition for the
project, be approved. Aye: (5) . Nay: (0) . Motion adopted.
(8.5) Resolution Number 92-4442, authorizing the Mayor to execute and the
City Clerk to attest an agreement between the City of Salina, Kansas and
Community Access Television of Salina (CATS), a nonprofit organization, which
delineates its responsibilities in managing local access television over the
next five years.
Greg Bengtson, City Attorney, reviewed the agreement and the
separation of duties between CATS and the City.
The Commissioners and staff discussed the delineation of
responsibilities and various expenses.
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expenses.
92-112
92-113
92-114
92-115
92-116
Commissioner Beggs asked for a clarification of building operating
Moved by Commissioner Divine, seconded by Commissioner Warner that
Resolution 92-4442, authorizing the Mayor to execute and the City Clerk to
attest an agreement between the City of Salina, Kansas and Community Access
Television of Salina (CATS), a nonprofit organization, which delineates its
responsibilities in managing local access television over the next five years,
be adopted. Aye: Brungardt, Divine, Warner, Ryan. (4). Nay: Beggs. (1).
Motion adopted.
(8.6) Resolution 92-4443, authorizing the Mayor to execute and the City
Clerk to attest an addendum to the agreement between the City of Salina,
Kansas and Salina Baseball Enterprises, Inc., a Kansas not for profit
corporation.
Steve Snyder, Director of Parks and Recreation, reviewed the
public/private agreement to raise funds for the Dean Evans Stadium. He said
the project would ultimately cost more than $500,000 with the cost being split
between the City and Salina Baseball Enterprises, Inc.
Moved by Commissioner Brungardt, seconded by Commissioner Divine
that Resolution 92-4443, authorizing the Mayor to execute and the City Clerk to
attest an addendum to the agreement between the City of Salina, Kansas and
Salina Baseball Enterprises, Inc., a Kansas not for profit corporation, be
adopted. Aye: (5) . Nay: (0) . Motion adopted.
(8.7) Report on bids received March 10, 1992 for Engineering Project
92-855, for the construction of a grandstand for Dean Evans Baseball Stadium.
(Award the contract to Frank Construction Company in the amount of $128,680
for the Base Bid and Alternates 1 and 2.)
Steve Snyder, Director of Parks and Recreation, reviewed the bids
received and the construction phases based upon the amount of funds raised.
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that the staff recommendation be accepted and that the contract for Engineering
Project 92-855, for the construction of a grandstand for Dean Evans Baseball
Stadium, be awarded to Frank Construction Company in the amount of $128,680
for the Base Bid and Alternates 1 and 2. Aye: (5) . Nay: (0) . Motion
adopted.
(8.8) Remove Applications for Surety on Bail Bond Licenses from the table
for consideration. (The applications were tabled for one week at the March 16,
1992 meeting.)
Moved by Commissioner Warner, seconded by Commissioner Brungardt
that Applications for Surety on Bail Bond Licenses be removed from the table
for consideration. Aye: (5) . Nay: (0) . Motion adopted.
(8.8a) Reconsideration of an application for Surety on Bail Bonds
Service license filed by Patricia A. Champ, dba Action Bail Bonding
Company, and Surety on Bail Bond Agent licenses for Patricia A. Champ
and Rad Gremmel.
Moved by Commissioner Brungardt, seconded by Commissioner Warner
that an application for Surety on Bail Bonds Service license filed by
Patricia A. Champ, dba Action Bail Bonding Company, and Surety on Bail Bond
Agent licenses for Patricia A. Champ and Rad Gremmel be approved. Aye:
(5) . Nay: (0) . Motion adopted.
(8.9) Report on bids received March 17, 1992 for Engineering Project
92-856, Latex Modified Slurry Seal. (Award the contract to Ballou Construction
Company in the amount of $308,202.50.)
Shawn O'Leary, Assistant City Engineer, reviewed the project and
the bids received.
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92-117
92-118
92-119
Moved by Commissioner Beggs, seconded by Commissioner Divine that
the staff recommendation be accepted and that the contract for Engineering
Project 92-856, Latex Modified Slurry Seal, be awarded to Ballou Construction
Company in the amount of $308,202.50. Aye: (5) . Nay: (0) . Motion adopted.
OTHER BUSINESS
Mayor Ryan announced that there would be no meeting on Monday,
March 30, 1992 as it is the fifth Monday of the Month.
Steve Snyder, Director of Parks and Recreation, said the Kansas
National Guard has offered an M-60 tank to the City as a memorial to
veterans. He said the Parks and Recreation Board recommends that the City
accept the tank.
The Commissioners and staff discussed security precautions and
possible locations for the tank.
Moved by Commissioner Brungardt, seconded by Commissioner Beggs
that the City accept the tank from the Kansas National Guard and that staff be
directed to find a suitable location to display it as a monument. Aye: (5) .
Nay: (0) . Motion adopted.
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 5:29 p.m.
( SEAL)
ATTEST:
Jacq�ieline Shiever, City Clerk
Stephen C. R n, Mayor